The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-07-14

' ~ calamity in any such county. city
&c calamity the State has express power
o aid the locality affected. either
/ By a release or taxes levied
Ky . direct grant OF money.
by granting 10 locality taxes re
There is no limitation Of anouut In
eitner case; but II is wlaely lett TO legis |
~ discretion TO adapt the amount of
lns grant, TO the extent OF the calamity !
suffered; The result aimed at In each In
stnnnce Is the same and II is to be
by means substantially harmcni
the legislature for the admiration OF the
means to the common end.
direct grant of public money can only
Se made by an appropriation from the
the 9Th section of article 8, OF the coilsti.
as follows;
NO money shall be drawn from the
preparation made by law: nor shall any
approximation be made for a longer time
than two years.
The term appropriation" In the latter
clause Of this section is used In the same
sense as In the first where 1t Is defined
as the act or law whereby money is drawn
from the treasury. II is peculiarly n lcgis-
iative term and when used by the con
'.-.el ~ ,in,6 the exercise Of legislative
power Is used appropriately and in sense
prefectly well understood and universally
"oia ny legal and literary iexi,
'frr' II refers exclusively to money
IN the state treasury. and the act of the
legislature whereby alone II can be with
drawn. any attempt to give this term ar-
ether or more extended sIcnihcance In an
effort 10 defeat or embarrass the legisla-
tive exercise Of the power to extend aid In
case OF public calamity Is such an obvious
perversion, OF perfertly plain and well
understood term 10 other than the mani
fest purposes Of Its use to disentitle It's
author to the consideration always due 20
mental sincerity IN opposition, The rule 81
construction that where there is q CONFLICT
between general and special provision In
the constitution. the special provision must
prevail In respect TO the subject matter
OF it, IS Texas, AID Is applicable In consid
ering the clause that appropriation can only
he made for two years and from the puDllH
treasury. and what Is termed the "calan'
ity" clause. The former Is a general one
and relates &c the ordinary and anticipated
expenses, charges and obligations OF the
government. The latter to an emergency.
something not anticipated and therefore
special. The government having the cS-
press power to grant aid In case OF calam-
ity, hns the necessary Implied power 10
enact such laws MS the Legislature, III It's
Judgment, may deem necessary ana accord
Ing to the calamity There is no CONFLICT
between the two, but II 50, the above RUE
would prevail.
are restricted to two years ms required by
the constitution. u Is not thence TO be de-
duced that the State may not, by conSti,
tutional act Of the legislature. come under
Legitimate Obligations to make nppropria-
tions through a longer period Srch au
obligation was incurred In 1879 In the or
gnnization of the Sam Houston Normal IN
Stitute, and has ever since Decn laltnluiiy
Revised statutes. article 1884 at shall
he tho duty OF the comptroller of pubhc
accounts Annually. to set apart out OF the
available free school fund the sum OF S14,,
coo for the support of said normal school
and place the same 10 the credit, etc
Again In the case OF INDECENT soldlers o.
the republic 1t Is provided by revised stat
utes article 1852 There shall he. and y
hereby granted nm annual pension OF slSo.
etc
And in the net authorizing the construc
ton OF the State capitol the commissioners
after being authorized TO sell the capita
reservation and contract to pay money
were empowered monthly to issue theil
drafts on the comptroller 10 contractors fol
estimated amounts due.
The same provision is contained IN thu
constitution of the United States, but ron
gress, without any supposed infringement
upon 1t. is annually accustomed TO author
! Ia, contracts for vast worlC eXtendlni
through long periods Of time, thus nlaclni
future congresses under the nhliGatlon o
making appropriations from time 20 tim
as may be required. And It is only In thi
manner that works OF great importance
! and large cost can be economically prose
! cuted II there was ever a voice raised II
| objection to this necessary system of ICON
/ tinuing contracts" II has so long sine
ceased to reverberate that II has not reach
/ ed the present generation.
II has been said that the two clauses, on
under the head of Legislation, reading
provided that this''-i G., prohibition
| against grants of public money shall no
he so construed to prevent the grant oil a., a.,
| der the head Of taxation" prohibiting tn
release of taxes. unless in case of erea
public calamity in such county, city Q
as may be afforded by food, clothing an
| medical supplies IL is not understood tina
this Is advanced as legal objection
! is not so expressed nor can It be gathere
! from what Is expressed. II 1t be so col
strued II must b. by resort to extrinsi
matter showing that the sense contende
for was that In which It was understood
by those voting for It. But there. Is no q
fort to shed light on the subject from tbs
source Besides, 1t is familiar that e.
trinsic matter can not be resorted TO fc
biguous or contradictory. 1t stands, thei
simply as the Inference of the indiyidu'
obiector.
The measure and character of the a
cases Of public calamity. may well eyok
generally speaking, wide difference
opinion; but that a specific kind of a
commencing itself as appropriate to son
sive Of all others, and to possess alone co
stitutional sanction. Notwithstanding Il
! absence OF anything In the constitution
indicate such preferential method, l. g
tirely unprecedented and utterly subve
sivc Of all sound principles of constructio
The Unlted states government Is aidii
J In relieving the city and the port fro
, the effects Of the great disaster that /
fell them. by large appropriations for L
reconstruction of the forts and the j.
ties.
, the same noble cause by the erection Of
sea wall.
The people Of Galveston are aiding
: every way I'm their power, and aIno
: others. by subscribing over million d
hrs 70 sen wall bonds.
&. The foreign holders Of 100000 OF al
I standing bonds are aiding by voiunta
e concessions of interest.
/, And, to the same end, with the rest
: alton OF confidence, indispensable TO t
: maintenance Of the great economic ful
ton Of the port. the State Is sked to q
: tribute by allowing the use OF local Sta
J. taxes for a limited period, and und
o strict State supervision.
! What is asked IS, In effect. that
z county be relieved for a time from cont
; buting to defray the expenses of
$ state government by taxation, aud I
, city be allowed TO use the fund thus
+, cr,ling for the protection OF the city a
i the port against overhows from the @
!, OF Mexico, to prevent in the interest
y the State. Interruption In the future