Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1911-06-03
ATTORNEY GENERAL
ON APPROPRIATION
Think State Auditor Should Honor
Warrant In Matter Of $4,000 Gift
To The Local Hospitals.

Attorney General William G.. Con-
ley, called upon by State Auditor
Darst fer an opinion as to whether
the Auditor had right to pay to the
Kings Daughters and City hospitals.
$4,000 for 1910 and 1911, appro.
priations for which were made by
the legislature last winter, hclds
that there is some question about
the matter and suggests that the
Supreme Court of Appeals ought to
pass upon the question. He states,
however that he Is CT the opinion
that the appropriation is for public
purpose, and therefore constitu.
tional, and that the State Auditor
has the right to draw his warrant
on the State Treasurer to pay for SER
vices rendered the public by the
Kings Daughters and City hospitals,
when the same are approved by the
State Beard of Control. the beard.
however. to be governed by the fol-
Lowing:
1.-THE authority that is held and
exercised in this behalf is a trust, az
well for those who become the OBJ
ject of 1t as those who support . by
contribution in the form of taxes
levied upon their property; and be-
ing an important public trust, 1t
cannot be delegated beyond the
power and discretion OF those to
whom 1t is confined and cannot be
used for any other than the purpose
for which it was appropriated, and
all features thereof must remain
subject to the control of the State
Board of Control To that end, a
contract should be entered into be-
tween the State Board OF Control
rrresenting the State and the duly
authorized authorities of the Kings
Da lighters and City hospitals. provid-
iag in said contract, among other
things. for the following:
THAT these institutions to their
full capacity will receive for treat
ment all labcrers and others resident
in West Virginia making application
TO them who may become public
charge; that their reception and
treatment must be compulsory and
not optional with the management
Of these institutions; that the care
and treatment, and the amount to be
charged therefor, and how long they
shall remain therein, must be under
the control and supervision Of the
State Board OF Control; that In the
event any question arises as to
whether any person Is entitled to
such treatment the Board CT Control
shall determine; and that all other
questions arising under this public
trust shall be determined by said
board"
The Attorney General concludes
his opinion, with the following para
graph:
The questions arising concerning
this appropriation being of such far
reaching importance to the public,
and the right OF the Legislature 20
appropriate the public revenue OF
the State to be paid to private rlsti-
tutions being very doubtful as stated
above, it might be we'll that 1t be
settled by the Supreme Court OF Ap-
peals of this State"
The section of the appropriation
bin by which this appropriation was
made and which the Governor could
not have vetoed II he desired for the
reason that the supreme Court has
reid the Governor cannot veto a sec
ton in the appropriation bill after
tho legislature has adjourned. and
because the legislature had ad
iour1ed before the bill was delivered
TO the Governors office, reads:
Section 6. "For Kings Daughters
and City osp'tals, for the treatment
hf laborers and Others who may be
come public charge, said amount
to be paid upon the approval of the
State Board OF Control, $4,000 for
1911, $4,000 for 1912"
The Kings Daughters hospital is
a private hospital unincorporatad
while the City Hospital and Training
School was incorporated January z,
1909, for the following purpose as
shown by its charter.
To conduct general hospital I'M
der such rules, regulations and re-
servations as the board CT directors
CT said hospital may from time 70
time determine; to conduct train
ing school fer nurses; to grant to
said nurses diplomas of graduation;
and to issue such diplomas and to
confer such degrees as are consis-
tent in such cases.
The institutions are understood to
be the same as those mentioned In