The Forrest City times., 1907-08-23

State Capitol Work to Stop.

amount of money available for use in the completion of the new State eapi- 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 l907 LegisIa turss failing to take any action on the matter. the appropriation made by the 1905 Legislature expired April 6. 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 lG. 1907. To the Board of State Capitol Commissioners.
 Little Rock. Ark;
 Gentlemen-In yours of the 10th ut., you state that you have completed the suh-base ment and basement. mp to the basement foot line of the capitol building and have paid the architect and expenses of the commission ns directed by net. April l6. 1905. ht total cost of the Of sI5t,l34.7T- That you let the contract for the completion of the build ing above the basement floor line te Caldwell & Drake for $aA7.S46. and desire my opin- lon as to whether q not you are authorized by law To have said building completed In ne eordaure with the contract and pay the sum agreed therefor out ef the appropriation madt by said aet. the whole amount being approx imHtely S11oo.o00, or in other words whether the auditor is authorized to pay more than $ 1 .po0. 000 for the work of competing the capitol.
 The act after directing the commission to complete the basement up 10 the basement floor llnc and 10 pay certain expenses directed them te let contract for the completion pf ;he building above the basement floor line at a sum not in excess of s1 .oo0,0o and makes the following appropriation,
 That for the purpose of raising funds te carry out the provisions of this act. the sum of SI.ODo,oo0. $ much thereof as may be necessary, be. and the same Is hereby ai' proprintcd for the purpose of completing the new state capitol building and In "ru"i ia raise said sum there is hereby appropriated all funds in the state treasury heretofore col lettrd for or appropriated q state capitol fund and the tax ot one half of one mill on each dollar of taxable propertS how levied In accordance with the act provided for the com pletien of the state capitol hatidlng ana TOT 1 other purposes approved, April " ifV l shall be continued to he levied md collected | and appropriated as provided In said act uiaii inc said capitol building is fully completed | And In addition to the money to be raised hY | this lew tho net proceeds of all Iahhs. 1 except school lands sold by the commissioner of state lands and the fees ot the 'o'i'ls,s ,i, sioner of state lands. for the two years ehalng l March l. 1905. shail be used and applied l toward the appropriation above made. sec | ton 10 act April i q. 1908.
 1 Tine ether provisions of the constitution anu law necessary ta be considered. are:
 NO money shall be drawn from the treasury except in pursuance of sprcihe aIFrpPriat'Wea on ! mad- by law. the purpose of which shall be 1 distinctly stated in the bill. and the maximum amaurt which may be drawn shall he specified in dollars and crnts and m appropria'on sn"li te for longer period than two years. SIC i ton 4S article !. constitutions
 -.Nu money shall be paid aat ef the trenshry uu'l thu same shall have been appropriated hy law, and thrn only in accordanoe With said appropriation. Section l ?, arttei" c. con
 ..Ne warrants shall be drawn by the auditor l or iaid by fhs treasurer unless fine money i has been previously appropriated by law nor shall the amount drawn for or paid under any trad eyer exceed the amount appro- priated by law for That purpose. Section l 34t5. kirhs Digest.
 ''It shall be tbe duty of the auditor at the cYplrai{6n of tho time for which each and every appropriation is made to report to the state treusurer the total amount of the war rants drawn on such appropriations during safii term. and if any balance remains nheAp"hufh 1 of any apprapris ton for which DO warrant his ! been drawn. the trrasurer shall bataHc" inc accounts and sueh balance Into the l treasury. Section 3t16.
 t.ft shall hr the duty of the treasurer. on the receipt of the report of the auditor men toned in the preceding section. ta bring down i balance to the credit If each appropfia ton sufficient tu cover tht warrants issued and not l paid during the term far which sarh appro- l prl1tIon WIS made. and after s9eh credits are i given and books balanced. the balance sHall
 
 Tn no e,-e shall the anditer carry forward from term to another an uneHpendea balance of ans appropriation af'er the time for which if made shall have expired
 Tn. treasurer Is prohibited from paying any l money ult of the trresurv account i whatever except upon the lawful Warrgnts ef the auditor. Section 3i4l, kirby Digest
 II Is true. that said section in providing 1 the fnHd from which the appropriation shall be paid states that tbe tax l"v'd shall be continued tn be levied and collected and ap- l prlpriated as provided in said act. Huii th" 1 state capitol buildinE is fully completed. i This. however. cannot be said te be further appropriation If the taxes sn levied te the ! payment for tine completion ot Iha hhtidtHst l since thc amuunt af the appropriation is spaeih~a ferd aHd limited at Slo9o.oo". or l s' usucb fhprcaf a. may be necessary. And l even though tbis should be distorted and de flgrpd tu be a levy and continuing approprla- tion of the amount raised hy ' uhfl the buId5 ing is cemnleted in accordance With the con ttart which the Board of tapiiHl t"inm1s sloaers were fuly authorized t9 mak" If would 1 iu He Rtse remedy tae condition befausf or i ooHniet with the constitution
 Livery appropriation made. though made In etriut afrordHHe- wIth tba constitution and ! l4w expires by constitutional limitation ht the end of the periad nf two years from the tiur if 'yas made lapsfs. herafues nndFailaol" md i. eaerred back into the treasury
 sSa appropriation shall b. fir longer neried than two years. Section =. aftieEs
 
 Neith,r is there any reason why arrraprIa- tiaHs shauid Inst for longer period thau twa years thr lesisl fnre neets rFery tfs" yrars with plenary power to make ar extend them.
 The constitution and law ire plain FeatiFe l to appropriations. and eaHnut eHsiiy be uis 1 undo rztaud Since ID appropriation ean he | n.ad- fer q laugrr period than is-e yeHrs. tn" 1 Capitei Commission should have oatl"d fbr i lesislaturr'S ataHfieu 10 the progress of its i work and its need fsr muHey and suss tEr | Legislature. kues that nu appropriation fouid ! te made for longer periaa tbaH tWp 5fsrs l and that all tbe appropriations l5psri ahi were covered hack iHtn the ff"asaff Hnd hf i longer available as safh at the eud af t"A l years from the time they Nere sde. ft #H5 i fheir dnty to make sarh additional apfr7rfia l lions for the completion of the state fapitni ! building as they thought ps1p"r and necessary 1 under the conditions existing, and iae contract i masf for Is completion.
 Ruf duty on the part of the isgislatufe 1 fo Tankr an appropriation is mol une. promise i bv the state ta pay money is nor an appro- l t,riHt{op a promise to make an appropriation | k mol one and direct authority for ID" stats | ear ttal commissioners to make contract. nor 1 to exceed Sl 000 900 for tue completion Of the new stnte capitol Is not an appropriation