The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1901-02-06


nose for which the power was given
II WAS the purpose OF the constitution
10 further the cause OF education ana
10 aid charitable and benevolent ih-
stitutions, so far as the revenues OF tne
state will reasonably warrant. Ana ali
appropriation bills, except the generai
appropriation bill, shall embrace but
one suhiect-and the general bill Is
limited TO appropriations for ordinary
expenses OF the executive, legislative
and judicial departments OF the COM
monwealth, interest on public debt ana
for public schools. Now, IL the power
of disapproval in the said section is TO
be limited to a single item in its entire
". then. II the legislature make eNtrav-
agent appropriations to state hospitals,
10 educational institutions, in lump
sum and not itemized, and which may
not be necessary for their etiicienty
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-
propriation made TO some OF the insti-
tutions aud 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.
at 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 its other provisions" adds the learn
ed judge. ut gives proper effect to all
involving this subject and does vio-
lence to none. II then enables the gov
ernor to perform his constitutional OBJ
legations relative thereto. II 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 injuring 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
part or parts of an appropriation to any
object or subject, and to the extent it
Is approved il 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, a bill
was introduced into the legislature
which authorized and required direc-
tors to furnish free text books to the
pupils Of our common schools. At that
time a 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 ad-
ditional $500. 600 for this purpose II
this be so, and the governor, as legis-
lator. upon investigation found that
said item was continuous in the sub
seuuent appropriations for said pur-
pose, deemed IL unwise, owing to the
practically insolvent condition of the
treasury. to veto said item, why did he
not have ample authority, under said
10th section of article 4, to do so, al
though the item for that purpose was
not distinctly set forth in the bill max
ing the general appropriation?
Nor was the governor in this in
stance without precedent for the exer-
else Of the power in this manner. His
distinguished predecessors in office for
20 years past exercised the power OF
veto upon appropriation bills in pTac-
tically the S. ne way. II was 50 eEcr-
cised in a number Of instances by Gov
ernors Pattison. Beaver and Hastings.
The fact of its having been thus exer-
cised fer so long a period by the said
chief executives Of the state is cntitled
to due and respectful consideration in
determining a proper and wise inter-
probation OF the said power conferred
upon the governor under said section
16 OF article A.
Wit this the court refused the writ
for peremptory m1nG muses. md plac-
"A ,bo ooe.g upOn tho ulafufiffs