The log cabin Democrat., 1907-08-22
State Capitol Work to Stop.

tol, Attorney General w. F. Kirby rem
 ders an opinion the effect of which
 will be to temporarily stop further
 construction work. That under the
 provisions of the Constitution, appro-
 | priations can only be made for two
 l years, and 1905 and 1907 Legisla-
 turss failing to take any action on
 the matter, the appropriation made Dy
 the 1903 Legislature expired April
 16, 1905, and all moneys paid out to
 this fund since that date have been
 illegally expended.
 Following is the opinion Of Attorney
 | General Kirby:
 | August 1G. 1907.
 | To the Board of State Capitol Commissioners | Little Rock, Ark:
 Gentlemen-In yours of the 0th ult., you
 | state that you have completed the sub-base-
 ment and basement, up to the basement noof
 | line of the new capitol building and have paid
 | the architect and expenses of the commission l as directed by act. April 6, 1905, at total
 | cost of the sum of $154, 134.7T. That you | let the contract for the completion Of the buld, | ing above the basement floor line to Caldwell | X Drake for $947.S46 and desire my opln, | ion as to whether or not you are authorlzeu | bv law to have said building completed in ac- | cordance with the contract and pay the sum | agreed therefor out of the appropriation made l by said act, the WDOle dlnOuHl peIHS "PPiN | imately $1,100,000, or, in other "orus, M | whether the auditor is authorized to pay more | than $1.OOO,00O for the work or compielihs 1 the capitol . | The act after directing the commission to | complete the basement up to the basement 1 floor line and to pay certain expenses dlrecteo
 them to let contract for the eoinple,lon a+ oa l the building above the basement hoor inc at u l sum not in excess of S1 100000, and makes l the following appropriations
 | That for the purpose of raising funds to I tho yiSiO pf | of s1,OOO,OO0, much thereof as may | be necessary, be- and the same is hereby ap-
 propriated for the purpose of completing the | raise said sum there is hereby appropriated | all funds in the state treasury heretofore cor
 lected for or appropriated as state i1l or to, each dollar of taxable property now levied Tn l accordance with the act provided for the com peton of the state capitol building. ana l9r | other purposes approved April 29, i9o l;
 shah he continued to be levied and collected and appropriated as provided in sald act, untii l the said capitol building is fully colnpls'tu, , And in addition to the money to be raised nS tbis levy the net proceeds of all lanus' | except school lands. sold by the commissioner of state lands. and the fees or the eoin1ns nina sioner of state lands for the two years u ehuins March l. 1905, shall be used ana appIieu | toward the appropriation above made sec | tion l O, act April 6, 1905. .,...,o, .nd The other provisions of the constltutioh anu l law necessary to be considered are;
 .'No money shall be drawn from the treasury except in pursuance of spec1hc approprIMatmon "a on made by law the purpose of which snail De distinctly stated in the bill, and the maximum amount which may be drawn shall be speclheu spi in dollars and cents; and no approprlatlon snaIi | be for a longer period than two years 'e' ton 2s article ,, constitution
 "No money shall be paid out of the treasury until the same shall have been appropriated oy | law. and then only in accordance witn saIu @ snprorriation' Section 12, article 16, con | stitution. or raid by the treasurer, unless the money
 has been previously appropriated by law nor shall the amount drawn for or paid under any one head ever exceed the amount appro- prated by law for that purpose. Section 341J Kirby's Digest.
 .It shall be the duty of the auditor at the c1 pira tion of the time for Whlch each anu every appropriation is made to report to & tne state treasurer the total amount Of the war rants drawn on such appropria tions during suci term and if any balance remains une1pchdeu of any appropriation for which no warrant mas been drawn the treasurer shall balance tne accounts and cover such balance into the treasury" Section 416.
 .It shall be the duty of the. treasurer, on the receipt of the report of the auditor men toned in the preceding section, to bring down a balance to the credit of each appropriatio tioI sufficient to cover the warrants issued and not paid during the term for which such appro- priation was made, and after such credits are given and books balanced, the balance sIali then be covered into the state treasury sec tion 341S.
 .In no case shall the auditor carry forward. from one term to another an uneXpended balance of any appropriation after the u,he for which it was made shall nave eAplreu' Section 341S.
 The treasurer is prohibited from paying any money out of the treasury on any account whatever. except upon the lawful warrants of the auditor section 3441 Kirby Digest. If is true. that said section in providing the fund from which the appropriation shall be paid. states that the tax levied small De continued to be levied and collected and ap- propriated provided ill said act untll thr state capitol building IS fully compIeteu. This however cannot be said to be further appropriation of the taxes so levied to the payment for the completion or the nulIuihs, since the amount of the appropriation Is specifed fixed and limited at S1,OOO,ooo, or so much thereof may be necessary Ahu even though this should be distorted ana ne clared to be levy and continuing appr"pria- tion of the amount raised by 1t until the puilu- ing Is completed in accordance wlth the cor tract which the Board of Capitol oomliL1s sioners were fully authorized to make, It would fin DC wise remedy the condition, because oi conflict with the constitution. . Every appropriation made. though made m strict accordance with the constitution anu law expires by constitutional limitation at the end of the period of two years from .ne time 1t made, lapses, becomes uha'aliapie and is covered back into the treasury. 'No appropriation shall be for longer period than two years. Section ZS' aftcie 5, constitution,
 | Neither is there any reason why arrrOpria- | tions should last for a longer period than two years as the legislature meets every two years with plenary power to make or extend | them. . The constitution and law are plain relative | to appropriations, and cannot easily be mis- i understood. Since no appropriation can be | made for a longer period than two years the Capitol Commission should have called me lecislaturp's attention to the progress or lts | work and its need for money. and since the legislature knew that no appropriation coulu be made for longer period than two years | and that all the appropriations lapsed ana | were covered hack into the treasury and no | longer available as such at the end or two years from the time they were made II was their duty to make such additional approprla, | lions for the completion of the state capltoi | huildinc as they thought proper and necessary | under the conditions existing, ana the contract made for its completion. ~ | But duty on the part of the legislature | to make an appropriation is not one promise l bv the state to pay money is not an appro- l nrtotiop q nromise to make an appropriation | is not one, and direct authority for the state | capitol commissioners to make coh'r"'l, n"s |