The sun. [volume] (New York [N.Y.]) 1833-1916, 1909-06-03
The Saratoga salvation Act.

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The Saratoga Salvation Act.
Early in the last session of the Leg
islature that eminent constitutional
lawyer and distinguished reformer the
Hon. EDGAR TRUMAN BRACKET intro
duced a measure Of passing importance
in the State Senate. The bill provided
for a direct appropriation of 100000
for the purchase Of various lands and
easements in and about the Saratoga
Springs. This sum-, so the customary
p~hraseology Of the measure had it, sis
hereby granted out of any funds in the
state treasury not otherwise appro-
priated." As introduced the bill was
noteworthy only as it exceeded by a
considerable margin the amount the
most ambitious statesmen are accus-
toned to demand for their constitu-
ents from a generous Governor and an
overlooking State treasury.
As the session progressed, however,
it became apparent that the State treas
ury was not overfowing to the desired
extent. On the contrary it was plainly
apparent that a respectable deficit
was in view, Notwithstanding the vari-
Gus messages of the Governor urging
economy upon the Legislature. Pres
emily, therefore, the Hon. EDGAR TRU-
MkN BRAoKETT's measure was amended.
In it's later form it called for but $780,
600, and to the language of direct appro-
priation cited above there was added
tho provision for an issue Of bonds.
The payments incident to the purchase
Of Saratoga lands moreover, the act
provides, shall be payable only out of
moneys realized from the sale Of such
bonds or certificates"
In the latest form Governor HUGHES
signed the bill and appointed as commits
sioners under it's provision the Hon,
EDWARD NJ. SHEPARD, the Hon. SPENCER
THASK and the Hon. FRANK n. GODFREY.
The commissioners, SO the Governor
announced in a public statement, may
? select and acquire properties for the
purposes of the bill" By this simple
device several things were accom-
plished. Chiefly, however, there was
eliminated from the State budget a
charge Of 1900 900. We have elsewhere
discussed the size OF the budget and the
interesting fact that it had increased
upward OF IS, 900 last year, with an
incidental deficit of s 100000 for the
year. A Governor who had vetoed
grads crossing appropriations could
hardly be expected to subject himself
TO criticism for allowing appropriations
for the State to set up In mineral water
business Of to allow the constituents
Of the president Of the Hughes State
League to sell their backyard TO the
State. A bond issue, howeveS, seemed
admirably adapted to save the Gov
ernor from criticism, keep the budget
down, and satisfy Mr.. BRACKET. OF
course every one knows a bond issue
costs no one anything, that is not
immediately, in any event.
There is, however, q rather interest
ing question OF constitutionality that
arises in the present situation. The
layrnan who reads that article Of the
Constitution which covers the subject
Of the disposition OF State funds will find
it surprisingly out of harmony with the
present measure. Authorization is, to
be sure, granted to the State to contract
debts for expenses not otherwise pro-
vided for-for casual deficits or failures
in revenues. But it is quite plain that
the Saratoga salvation scheme does not
fall under this classification, since it is
neither q casual deficit nor the result OF
a failure in revenue, and is definitely
provided for by the bond issue specified
in it's text. Nor can it be classed among
debts incurred to repel invasions or
defend the State in case of war, for
within tho meaning Of the Constitution
at least the. State Ia still in a condition
Of peace.
Necessarily, then, the Saratoga prop
osition falls under that section OF the
afticle In the Constitution which deals
with the limitation OF legislative power
TO create debts article VII, section y.
This article reads:
Except the debts specified In sections . and .
OF this article labove citedl no debts shAil here
sf,er be contracted BY or In behalf Of this state
unless such debt shall be authorized by law for
some single work or object 10 be distinctly speci-
hed therein. No such law shall take
effect until II shsll At . general election have been
submitted 10 the people and have received a
majority Of all the votes cast for and against Il
d such election"
Apparently this section reaches, COW
ers and definitely decides the status of
the Saratoga measure. But in vetoing
the veterans pension bill the Governor
explained that it could not be submitted
to the people because the Caylga Canal
measure was to go TO the people this
year and only one such measure could
be thus submitted In any year. Further
than this the Governor In his public
statement on the Saratoga measure,
from which We have quoted, has indi-
ca..i that those eminent commissioners