The Monticellonian., 1907-08-22

State Capitol Work to Stop.


 In response to the request of the State Capitol Commission as to the amount of money available for use in the completion of the new State capi- tol Attorney General w F. Kirby ren- ders an opinion the effect Of which will be to temporarily stop further construction work. That under the provisions of the Constitution. appro- priatons can only be made for two years. and 1903 and 1902 Legisla- turss failing to take any action on the matter, the appropriation made by the 1903 Legislature expired April t6, 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 tG, nor. To tho Board of state Capitol Commissioners.
 Little Rock. Afk.
 Gentlemen In yours of the 0th ult you state thai ynu have completed the sub base r9ant and basement. up to the basement floor iine of the new capitol building and have paid the architect and expenses of the commission as directed by act April l 6 1908, nt a total cost uf the of Sl54 l34.tf. That X0l let tho contract Tor the completion uI the bHtil Ing above the basement floor line ia Caldwell X Drake for <04TS46. and desire my opin. ion tl whether or not yoH are authorized by law to nave said building completed in ac- cordanre with the contract and pay the sum agreed therefor out of the appropriation made ty said act. the whole amount being approx imattsy St.100.uO0. or. in other words whether the auditor is authorized to pay more than 5 mo 006 for the work of completing the capitol.
 The act after directing the commission to gk#H mt In s4 floor line and to pay certain expenses, directed them to let contract for the completion or the hudng above the basement floor line at sum not in excess of si .ooO+o 900, and makes the following appropriation.
 That for the purpose of raising funds to carry out the provisions ef this act the snm of q 0ao, 000. ur much thereof as may be ueecssary, be. and the snne k hereby ap proprlntcd for the purpose of completing the new state capitol building and tn order to raise said there Is hereby appropriated all finds in the state treasury heretofore col tected for appropriated as state capitol fund and the tax of one-haf Of one mill on each dollar of taxable property HOW levied in accordance with the act provided for the com pletinn of the state capitol building, and Tor other purposes. approved April 20. 1901 shall be continued 10 b. levied and collected and appropriated as proyided in snid act. until the said capitol building is fully completed. And in addition to the money to he raised by this lew the proceeds of all lands except school lands. sold by the commissioner of state lands and tho fees pf tine commis sioner of state lands for the two years ending March l. 1905, shall be used and anpii'd toward the appropriation above mHde Set- ton l O. act April It. l9o5'
 The other provisions of the constitution anu law necessary to be considered are
 No money shall he drawn from the treasury except in pursuance of specific appropriation made by law. the purpose of which shall f.e distinctly stated in the bilI. and the maximum amount which may be drawn shall be specimen fn dollars and cents: and no appropriation snail be for iunger period than two years see ton 2S. article |. constitution
 ''Ss money shall he paid out of tho treasury uatu In. same shall have been appropriated hy law and then only in accordance with said anpraI rlatipn. Section 12, article It. con stitutien.
 '.Na warrants shall be drawn by tho auditor ee Iaid hv the treasurer, unless the money has heaH previously appropriated by law. nnr shall the amount drawn for or paid under any one head ever exceed the amount appro- prated hy law for that purpose Section 34t5. kirhys Digest.
 Ut shall be the duty of the auditor at tho expiration of the time for which each and every appropriation is made to report to the state treasurer the total amount of the War rants drawn on such appropriations during such term and if any balance remains unexpended of any appropria tion for which no warrant has been drawn the treasurer shall balance the accounts and cover such balance Into the treasury" section 34t6.
 Ut shall he the duty of the treasurer. on the receipt of the report of the auditor, men toned In the preceding section. to bring down s balance to the credit of each appropria tion 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 shall then bc covered into the state treasury Sec ton 3i1s
 In no ease shall the auditor carry forward from term to another. an incorporated balance nf any appropriation after the time for which it made shall have expired. :" Section 341s.
 The treasurer ia prohibited from paying my money out of tho treasury any account whatever. except upon the lawful warrants of the auditor % Section 34i1. kirby's Digest. It is true, that said section in providing the fuud from which the appropriation shall be paid states that the tax levied shall he continued he levied and collected and ap prnpristed as provided in said act, until the state capitol building is fully completed. " This however, cannot be said tn he further payment for the completion of the building since the amount of the appropriation is specified fixed and limited at Fl 100000. or much thereof AS may be necessary And even though this should be distorted and de ciared to bc levy and continuing apprapria- tian of the amount raised by It until the build ing k completed in accordance with the con tract which the Board of Capitol Commits. .loncrs were fully authorized tn make. II would in no wise remedy the condition. because or conflict with the constitution
 Every appropriation made, though made Tn strict accordance with the constitution and law. expires by constitutional limitation al | tho end of the period Of TWO years rom lile time 1t was made lapses becomes unavailable | and Is covered back into the treasury. "No appropriation shall be for longer | period than two years" Section 2s, article | 6. constitution.
 Neither Is there any why appropria- | tinns should last for a longer period than two l years ns the legislature meets every two | years with plenary power to make or extend l them.
 The constitution and law plain relative | ta appropriations and cannot easily be mis- | understood Since appropriation can he l made for longer period than two years the | Capitol Commission should have called the iegislatrrc's attention to the progress of It's | work and It's need for money. and since the | Legislature knew that appropriation could | hc made for longer period than two years l and that all tho appropriations lapsed and | were covered back into the treasury and no longer available ns such at the end of two | years from the time they were made, It was | their duty to make such additional appropria. | tions for tho completion of the state capitol building ns they thought proper and necessary 1 uHder the conditions existing, and the contract mad, for it's completion.
 But duty oa the part of tho legislatuA. l to make an appropriation is not one, promise 1 by the state to pay money is not an appro- priatian a promise tO make an appropriation l k moi one md direct authority for the state | canitnI commissioners to make contract. not | to exceed sl 100000 for the completion of | the new state capitol is not an appropriation