The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-04-19

dehcit in the beginning, whether
casual or otherwise. IL looks now as
II IL were n 10 longer accidental or for.
tuitous. but had become intentional
upon the part of the legislature at
least"
Judge Holt is OF the belief that il
Is quite improper to use funds de-
voted TO special purposes for general
purposes. quoting in this connection
a section from the constitution pro
hibiting the use OF money for any
other purpose h that for which IL
is appropriated.
1T may be thought by some that
this Is too strict an observance OF the
constitution. but IL should be borne in
mind that IL is the fundamental law
OF our State and the conversions OF
our government. and that II its pro-
visions be ignored or its command
ments broken the governmental struc-
ture would shortly perish. We should
not treat its provisions lightly or en-
courage our public oficials TO wear
Us obligations easily: for the people
have placed therein our bill OF rights
End all those most cherished securi--
ties OF personal liberty and private
property declared Judge Holt.
~ thPltErth tut ODlulO0
that the auditor ought not to issue
warrants. although an appropriation
has bee made and a requlsition fs.
sued. unless there is money In the
treasury TO meet such warrants. or AT
least unless funds will be available
in the future for it's payment. The
auditor IL no mere clerk. but has Sc
rious and responsible duties to per.
form. looking TO the protection OF the
treasury and with power OF investiga-
tion and decision" he declares.
Bad Policy Says Holt.
In discussing the duty of the Audi
tor In the issuance OF warrants when
there are no funds available. Judge
Holt believes this to be a bad policy.
FOR. III h Treasurer were TO issue
his checks upon such warrants and in
advance of deposits to meet them. the
result would be n cloud OF worthless
checks issued in the name OF the state
that would bring discredit and die
grace"
In response to the question as TO the
duty OF the Auditor where the appr1.
priation was made by the Legislature.
but no funds were provided for its
liquidation. Judge Holt says that Il Is
the plain duty OF the Auditor 10 Issue
no warrant.
In a comprehensive. concise opin-
ion Judge Holt concurs with the be-
lief that h states credit cannot he
used by he Governor to meet the
present condition. 1T would seem
that the legislature intended to con.
Ter this authority upon the Governor
to provide money when Il appeared
that there were assets applicable 10
the payment Of the states debts, but
available at the time" he says.
Il do not understand that the Cover
would be- authorized under the
statute TO provide funds for the oav.
ment OF debts created by the lezisia.
ture. but to pay which no provision
was mad by II. In other words, the
authority OF the Governor under this
statute IL simply TO raise money BY
loans 10 suppv the wants
Of the treasury for the time being"
He likewise holds that ~ Ia the duty
o. the states fiscal officers TO give
preference to the payment OF appro.
priations made TO defray the
b legislature. judicial and execu-
tive departments Of the state when NJ
is found that the available
are insufficient to meet all the appro-
priations made by the legislature.