The Huttig news., 1907-08-24
State Capitol Work to Stop.

Luc COuplollOu Ol lue new 0LdC0 Cdpl- 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- priations can only be made for two years, and 1905 and 1907 Legisla turss failing to take any action on the matter, the appropriation made by 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:
 To the Board of State Capitol Commissioners.
 Little Rock, Ark:
 Gentlemen--In yours of the 1 9th ult., you state that you have completed the sub-base- ment and basement, up to the basement floor line of the capitol building and have paid the architect and expenses of the commission as directed by act April 16, 1905, at a total cost of the sum of $154134.77. That you let the contract for the completion Of the build, ing above the basement floor line to Caldwell X Drake for S947.S46, and desire my opln- ion to whether or not you are authorized by law to have said building completed in ac- cordance with the contract and pay the sum agreed therefor out of the appropriation made by said act the whole amount being approx imatety $1,10O, 900, or; in other "orus, n, whether the auditor is authorized to pay more than $1,000,00O for the work ot competing the capitol.
 The act after directing the commission to complete the basement up to the basement floor line and to pay certain expenses. directed them to let a contract for the completion ol the building above the basement floor line at sum not in excess of S1,0oO,0Oo, anu mahes the following appropriation:
 ''That for the purpose of raising funds to carry out the provisions of this act the sum of $1,000,00O, or so much thefeot as may be necessary be. and the same is hereby ap- propriated for the purpose of completing the new state capitol building and in order to raise said sum there is hereby appropriated all funds in the state treasury heretofore col lected for appropriated as state capitol fund, and the tax of one-half of one mlli on each dollar of taxable property now levied III accordance with the act provided for the com peton of the state capitol building. and Tor other purposes, approved Aprll 19s ,,aotad 9V shall be continued to be levied and collecteu and appropriated as provided in said act, until the said capitol building is fully compietel. And in addition to the money te De raiSfu 1d: nS this levy the net proceeds of all lands, except school lands, sold by the commissioner of state lands and the fees of the commas sioner of state lands. for the two years ending March 1905 shall be used and applied toward the appropriation above made. sec tion O. act April 16, 1905.
 The other provisions of the constitution anu law necessary to be considered, are:
 .'No money shall be drawn from the treasury excert in pursuance of specific appropriation made by law the purpose, of which snail xi,nns pe amount which may be drawn shall be speclheu in dollars and cents and no appropriation shall be for longer period than two years. sec tion 2S article ,, constitution
 ''No money shall be paid out of the treasury until the same shall have been appropriated by law. and then only in accordance with sald appropriation. Section lz, articie 1o' con stitution.
 ..No warrants shall be drawn by the auditor or raid by the treasurer. unless the money bas been previously appropriated by law. nor shall the amount dTaWn TOT pTfd ufiuef any one head ever exceed the amount appro- priated by law for that purpose. sectloh a415 Kirbys Digest.
 s.It shall be the duty of the auditor at the 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 such appropriations during sucn term and if any balance remains unexpended of any appropriation for which no warrant has been drawn. the treasurer shall balance the accounts and cover such balance into the treasury" Section g. 6.
 ''It shall be the duty of the treasurer, on the receipt of the report of the auditor. men tioned in the preceding section. to bring down balance to the credit of each appropra 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 be covered into the state treasury Sec tion 341S.
 ''In no shall the auditor carry forward. from term to another, an unexpended balance of any appropriation after the time for which it made shall have expired. ' 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's Digest
 It Is true that said section in providing the fund from which the appropriation shall be paid states that the tax levied shall be continued to be levied and collected and ap- propriated as provided in said act until the t, state capitol building is fully completed" / This, however, cannot be said to be a further appropriation of the taxes so levied to the payment for the completion of the building, since the amount of the appropriation Is specified fixed and limited at $1,00O,OOO. or so much thereof as may be necessary. And even though this should be distorted and de- clared to be levy and continuing appropria- tion of the amount raised by it until the build ing is completed in accordance with the con tract, which the Board of Capitol Commits sioners were fully authorized to make. it would fin 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 at the end of the period of two years from the 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 D. constitution.
 Neither is there any reason why appropria- tions should last for longer period than two years the legislature meets every two years with plenary power to make extend them.
 The constitution and law plain relative to appropriations, and cannot easily be mis- understood. Since appropriation be made for longer period than two years. the Capitol Commission should have called the legislatures attention to the progress of It's work and its need for money. and since the legislature knew that appropriation could be made for q longer period than two years, and that all the appropriations lapsed and were covered back into the treasury and no longer available such at the end of two years from the time they were made, it was their duty to make such additional appropria- tions for the completion of the state capitol building as they thought proper and necessary under the conditions existing, and the contract made for its completion.
 But a duty the part of the legislatuE to make an appropriation is not one, promise by the state to pay money is not an appro- priation q promise to make an appropriation is not one and Il direct authority for the state capitol commissioners to make a contract, not to exceed s $1.O0O.OOO for the completion Of the new state capitol Is not an appropriation Convicts Prostr~ted.
 l1z~ yonf fI.NY