The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-01-23
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NO AUTHORITY E TO \ a NOR Or
0ERs uh u TIL I EGlIs1IL. y !. a TUBE
s;t3 IS PASSES 8APPRop

OF the attorney general TO the aud dltor
sustaining tie atttr5 tns bis retusa "
pay the salariesf Of members ana 4 w
taches until an sappro ton slll II
passed. sSiS
Hon. A. c. scherr4 auditor Char estens
West Virginia: n; Il Iss8s \,
Dear sir:-'Y our: favor q the isth
inst. Is before me. wherein syouE ute
Section 254, code ;of 1901, Nm
that the legislature at lts eomnenes
ment shall elect i clerk, ergeallt t!at'
arms and a door keeper NJ Ny Iiproy vision tiEtpn
lis made for any assistant Ssergeanlts AZ Il
arms Or assistant door keep See
tion, 27i5proyides that the elerlSo Ne y 4
Senate may appoint one assistant
clerk and the clerk; of the Home not
exceeding three assistant clerks The
resolution offered In: the taouse Jans,ary
IA provides for assistant sergeant;at5
arms. an assistant door keeper thirs.
teen assistant clerks, two eng grossing i
clerks four printing clerks @ and Two
journal clerks. ALI to sreceIy the ny
Of assistant clerks. Also " isnntiiif
tho four journal pages and he mailing
and banking spa ee.s e $recesity a s : per
day. for which the i per- diem Is
Please advise me IL II am arrarted
in honorins ord ders drawn On 4, me q n
any of;the above case etore tlias sap
preparation iii has srega gaiasly passed
and been approved Sby the governs
Provisions o. constlt tptlen. N
The constitution 81 west irsinta,
article 10, section !; prosi 3 aess y spart
as follows \
no money shall ibeS rayT SflSoili y 4;
treasury bit I'M aialrsIla, ,,se G sah M i h
preparation mad laR !! md cil
warrant issued saas ~ Il tie aslili;
tt6r;9 nor shall any none ofs ftFa y i'ssl
taken for anySother put s,is'E stllan tut
for which Il has been 81 may w ~ !;
propriated, ,5or3 provided ss:s.s
4'rhe aatllte, sectlo 2ee, hapterS ~
code of.1sos. provides as follow:
""No money&3shall beE propriateda
by resolution by either house orShy
joint resolution ot the lesis islatlire
but when any money has Il hen aapprc
priated ;by law, the apple alton sofs stas ~
same in pursuance yot the Law may bs
directed by resolution. \ ss5
Wait for Appropriation h
The foregoing provision soi the seoas
stltuuon was adopted IN the yea; 4 s7ss
and the foregoing statute enacted sinS
the year 1882: and during the yeafs
intervening from said dates To- the
present time II SENS said provision
lof the constitution and the EstatuteS
nave been dlsregarded !. and such or-!
ders as noted lin your tiers honoredsS II
and paid. K VII ls3s3
I am therefore OF the opinion that
under the present law and sas !. " has
existed since.tae year $1s "a sol have
no legal authority Ito honor orders
drawn on YOU as auditor and Issue
drafts therefor on the State treasury.
until suflclcnt funds have been an
prcpriattiS by actsof9 the Slegis slatnSes
and that no money can Sbs Sused for
any other purposes than Ter which ttS
was appropriated. Money cannot be-
legally appropriated by resolution sots q
either house sor sby Joint resola ation;
but when money is once legal saps
propriated. Its applic cation may be sdits
rected BY resolution Very truly yours
VIM c. 4. co ~ oN'IIiEsY. icy n