Republican news item. [volume] (Laport, Pa.) 1896-19??, 1901-03-07
yHE GOVERNORS POWER.

tlOn CF OIneT teCnnlCdi 0elenSeS De
waived.
THE GOVERNORS POWER.
rhs only question raised was as to
the power and authority of the COVER
nor to disapprove of one million dol
lars of said appropriation of eleven mil
lions.
After reviewing the circumstances of
the case Judge Lore, in his opinion.
commented at length upon the provi-
sions of the constitution bearing upon
the powers of the governor and the
legislature, all of which, he stated
went to show the intent and purpose OF
the trainers of the constitution to
carefully guard and protect the treas
ury OF the state as well as it's credit"
After further quotations from the con-
stitution and references to the veto
power of the president of the United
States, Judge Lore continuing said:
TO PREVENT ENCOURAGEMENT.
"In our form of government the fun
damental purpose of the veto power
was to enable the executive, by the ex-
ercise thereof, to prevent the legisla-
tive department from encroaching upon
the constitutional rights and power of
the executive department of the gov
ernment. Second. to enable the ex
ecutive as a member of the legislative
department to prevent legislation or
the improvident and extravagant legis-
lation in the appropriation of public
moneys. The said section of article
of the constitution was inserted more
expressly to enable the governor to in
tervene and prevent an extravagant
appropriation of public moneys, and to
aid in keeping the appropriations prac-
tically within the revenues of the state
and preserve the solvency of the treas
ury. That this was the intent and
purpose of the trainers of the constitu
tion seems to us clear.
ITO hold that the power given is only
that of disappearing a single item or
paragraph or section of the bill in it's
entirety would defeat the very pur-
pose for which the power was given.
1t was the purpose of the constitution
to further the cause of education and
to aid charitable and benevolent in
stitutions. so far as the revenues of the
state will reasonably warrant. And all
appropriation bills, except the general
appropriation bill, shall embrace but
one subject-and the general bill is
limited to appropriations for ordinary
and judicial departments of the COM
monwealth, interest on public debt and
for public schools. Now, if the power
of disapproval in the said section is to
be limited to single item in it's entire
ty, then, If the legislature make extrav-
agent appropriations to state hospitals,
to educational institutions, in a lump
sum and not itemiZed, and which may
not be necessary for their efficiently
accomplishing their work or purpose,
and that the appropriations in the ag-
gregate far exceed the revenue of the
state, and would cause current indebt-
edness largely in excess of one mil
lion dollars, the executive is helpless,
unless he strike down the whole ap-
preparation made to some of the insti.
tutions and thus cripple or practically
destroy their purpose and usefulness,
while others no more deserving may
receive more than is necessary for the
efficient purpose. The executive is
placed in the dilemma of either Grip
pling institutions of charity, hospitals
and institutions Of learning orviolating
the constitution by creating a current
Indebtedness of the state in excess of
one million dollars.
ut is manifest that the construction
above given to the 10th section of ar
ticle of the constitution is the only
one that is consistent with the purpose
and intent of the constitution, in view
of it's other provisions" adds the learn
ed judge. 1T gives proper effect to all
involving this subject and does vio-
lence to none. 1t then enables the gov
ernor to perform his constitutional OBJ
legations relative thereto. 1t enables
the successful execution of the policy
and purpose of the constitution and
state, to foster and aid the educational.
charitable, benevolent and state in
stitution. intelligently and in accord
with the purpose and intent of the con-
stitution without iniuring or destroy
ing the efficiency or work and purpose
of any, and also to preserve the SOL
vency of the treasury and the credit
OF the state, so that the state may be
able to meet its legitimate current OBJ
legations. We are, therefore, of the
opinion that the governor, under said
section, has the power to approve a
part or parts Of an appropriation to any
object or subject, and TO the extent it
is approved 1t shall be the law, and
that any item or items or part disap-
proved are void unless passed over his
veto in the manner provided by law.
THE GOVERNORS REASONS.
"In vetoing in part the general ap-
preparation to the public schools the
governor. In his reasons for vetoing
the same. along with other reasons.
sets forth In 1898, however, bill
was introduced into the legislature
which authorized and required drec-
tors to furnish free text books to the
pupils of our common schools. At that
time very large number of the dis
tricts throughout the state did not pro-
vide free text books for the pupils. The
introduction OF free text books neces-
sarily involved the expenditure OF large
sums OF money, and the friends Of this
measure succeeded In securing an adj
ditional $500 600 for this purpose Ii
this be so, and the governor. as ieeis-
lator. upon Investigation found that
said item was continuous In the sub
sequent appropriations for said pur-
a ....t., 4.