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

the very appropriations that would be
by such preference to these depart.
ments postponed never would be
paid" is an excerpt from Judge Hollis
opinion giving the reasons why some
discretion should be exercised by the
fiscal officers of the state in honoring
acquisitions made upon the state
treasury.
II is declared hat il the Auditor and
Treasurer find the available sources
of revenue are insufficient to pay all
appropriations made by the legisla-
ture. II is their duty to give prefer
ence to appropriations made TO sus-
tain the three separate branches of
government.
Cannot Borrow Says Blue.
As to the right OF the Governor TO
borrow money for the state. IL appears
to be the unanimous conclusion that
the Governor must be the sole Judge
as to whether or not the loan is a tenn
porary one. but that from no view
point would the Governor be author
lied under the statute TO provide
funds for the payment Of debts Gre
ated by the legislature.
Provisions of the Constitution ere
4aCNtd " AaA NOAhAlAHoAChtl DAut W
show that II is improper for the Audi
tor to draw any money from the treas
ury for any other purpose than that
for which IL has been or may De ap-
propriated. and further, han when
ever any deficiency in the
shall exist In any year, that the legIs-
lature shall. at It's next regular ses-
sion. levy a tax sufficient with other
uaUurona 80 aAAa.A - - .UVAk 10
~hciency as well as the estimated ex-
penses OF such year.
Commissioner Blue holds that the
provision OF the Constitution prohibit
ing the creation of a debt lis an IN
hibition upon the Legislative as well
as other departments OF the state gov
eminent" He states further that an
appropriation for which the emu
laws are inadequate and for which
no provision II made by the approprIa-
ton itself reates a debt"
He quotes a definition OF the con
struction Of the phrase casual de-
felt" as "one that happens by chance
or accident and without design or IN
tention to evade the constitutional in
hibitlon." He quotes an opinion rem
dered by the Supreme Court OF Colo
RADIO in a parallel case where Il was
held that
1T Is the duty OF every public
officer connected with the ad-
ministration OF the state finances
TO treat as void each and every
appropriation in Excess OF con
stitutional limitations"
The Colorado constitution IL similar
10 ours and some years ago a financial
situation somewhat like unto ours
arose In Colorado and the decision or
that state on such questions seemed
TO be h leading cases" says Mr..
Blue in his opinion.
On the question as 70 the authority
OF the Governor TO borrow Mr. Blue
says. The Governor. In my opinion,
cannot borrow on the credit OF the
state unless the same can be paid and
discharged within eighteen months
out OF the revenue provided for ana
10 be collected According 20 the es.
prepared by r. A. Dover. chief
accountant. the states dehcit will on.
tinue to increase during the next
months. and there would be no funds
AZ any time within tnat
period 10 pay back any funds the Gov
amor might borrow.
Mr y suggests that N a plan can
DC devised whereby the auditors war
rants could be restricted 10 the execu-
legislative and judicial depart.
nlents. that the revenues. when col
lected. will be sufacient 20 discharge
me o within the statutory time.
n the governor. under an arrange
Inent OF that kind. would have the au-
thority 10 borrow money for the State.
Judge Holts Opinion.
Judge Holt. IN his opinion. reviews
me events leading up to the present
condition and the fact that the matter
was called 70 the attention Of the leg.
lsiature. both IN the regular and ex-
treordinary sessions. He says. uni
Der such circumstances. whatever
may have been the character OF the