El Paso herald. (El Paso, Tex.) 1901-1931, 1915-12-23
APPROPRIATION
MIDDLE SETTLED
Arizona Supreme Court Sus.
tains Hunt in Part; Re
pealing Clause Illegal.

Phoenix. Ariz, Dee s3.-Modifying
and affirming the decision Of superior
Judge r G. Stanford. Of MaEicopa coun-
". the supreme court late yesterday
afternoon finally settled the prolonged
dispute over the general appropriate
bill passed by the legislature last
spring. Governor Hunt who vetoed
many sections and parts Of other sec
lions, is partially upheld, and the court
holds that auditor J. 9. Caliaghan was
not justified in his action in refusing
TO issue warrants against appropria-
lions which he was not sure existed
The decision is an extremely impor-
tant one, as II defines the powers OF
lne leslsIature, the governor ana the
auditor IN matters affecting appropria-
tons. the salaries OF state officers and
expenses Of state departments
Repeating Clauses Illegal.
The legislature appropriated for each
department and institution In each
case il added a clause to the effect
that this is in lieu Of existing contin
uing appropriations and not in addition
thereto" The court holds that these
repeating clauses had no place in q
general appropriation bill Governor
Hunt vetoed most Of the repeating
clauses and the court decides that he
had no authority to veto any part OF
a section without vetoing the whole.
Therefore his TetOes do not stand. but
as the repeating clauses were Illegal
the effect is the same
No Discretionary Powers.
The superior court OF MaricOpa coun-
ty issued a writ of mandamus ordering
Callaghan TO draw warrants against
the appropriations which were in dis
pute- In appealing to the supreme
court Callaghan cOntended that he was
being robbed of his discretionary pow
ers, but the higher tribunal decides
that he has no discretionary powers,
saying:
''The auditors duty is to examine the
claim with reference to the law au-
thorizing it, compare it with the vouch-
er and draw his warrant. As
used in reference to the claims author
lied by some statute the word audit
means to verify. II used in refer
ence to an account it would then have
s broader meaning and imply the ex-
ercise OF a discretion in rejecting and
allowing items Of the account yet in
such sense it would not mean judi
ITO Interpret the statute giving the
auditor the authority to audit, the
meaning contended for would leave
with that important officer the right
TO nGllify all statutes which authorize
specific claims against the state and
provide a means for their payment
The auditor would be given more pow
er than the executive and legislative
branches of the state
'arhe auditor argues with much force
that statutes making annual continue
ing appropriations tend to open the
doors OF extravaganza and directly lead
to the squandering Of the revenues
This argument is addressed to the pol
icy OF such laws, not TO the power OF
the legislature to enact them The
argument is properly one for the con-
sideratiOn Of the legislature re
have been unable to find any constl-
tutional Limitation upon the power Of
the legislature TO enact special eontln-
uing appropriation laws
Warrants Not Issued.
Since judge Stanford handed down
his decision. Calisghan has refused TO
issue warrants for the maintenance OF
the governors car and the salary OF
his chauffeur. for the office expenses
OF the tax commission, including sal
aries Of clerks and secretary; for the
Incorporating department OF the board
OF control and for the adJutant gen
erals office. including the entire na-
tiOpaI guard The court directs him
TO tissue warrants to all the employees
and departments mentioned for, the
claims they have put in. The COVER
nor's car is maintained out OF the ex-
Dense fund Of the board Of control
which is unlimited under the contlnu-
ing statutory appropriation The legls-
lature attempted to give the board only
$1,000 a year for expenses which would
have meant no car for the governor.
Guardsmen Also Unpaid.
About 500 national guardsmen have
received no pay Tor attending the an
nual encampment at Garden canyon, or
for strike duty done at Clifton The
adjutant general and his staff have re-
ceived no salaries Local firms which
furnished supplies for various depart
ments affected by the dispute viii now
be paid
Action to compel Callaghan TO issue
warrants against the disputed appro-
priations was instituted in the name OF
Jesse l. Boyce. secretary TO the tax
commission. The decision Of the su-
preme court was written by justice D.
l. Cunningham, with justices H D.
Ross and Alfred Franklin concurring.