Arizona republican., 1915-07-02
In Opinion to Auditor Cal laghan Former Attv.-Gen. Bullard Believes Are Not Many Appropriations to Be Recognized
STATE SCHOOL FUND
 UTTERLY WIPED orr
Opinion by Atty.-Gen. Jones Not Yet Sublnittcd Said to Agree in the Main - Neither Admits Necessity of Extra Session

Whether or not q third extra ses- sion of the legislature will De neces- sary to provide for the expenses ot the state government. attCrncYs will not say, bot they adrcit that they do not see how the courts are to con struc the general appropriation bil! so as to make provision for many of the expenses of government with oat allowing the most eXtrlva gant appropriations for others. For in stance. if the courts should hold one Wsy. some or the state institutions an1 offices will be left without funds: II the courts should take the opposite view. they will be Jeff with ,ruch r1ore money than 4 vas intended to appropriate for them. Thus. one view would leave a road fund. of S50o. 0Oo. the amount intended to be appro- pi.ated. The other opinion would leave a fund of Sl,000.0oo.
 One thing seems to be agreed upon. state school fund. nothing ior the next two years for free text books.
 Two opinions have been prepared. one by former Attorney General Bul- lard. at the reQues; of State Auditnr
 tfAieiN 1lf anu lii+ bLAt-T bN AtlOEIltA General Jones, which has not yet been presented to tne auditor. se that it has net been made public. l., k understood. however. that the cpin- ions agree on most of the essential points. They agree that the governor Was without power 10 veto the repeal inS clauses of the appropriation bill; that is. those clauses intended to wipe out statutory appropriations The attorney general thinks that the leg islature had no right to insert those clauses in the aopropria tiou bill. For Eer Attorney General Bulard is in- clined to think that the legislature could do SC that the repeating clauses were eerrlane
 Roth agree that f the gove ernor had contented nimselr with vetoin2 those clauses. leaving the appropria- uons as made by the legislature stand, no harm would have been done. But in striking cut the apprOprIa tions on the theory that the statutory appropriations would continue. W hole items have been stricken out.
 The opirion of Mr. Bullard is pre- coded by twelve propositions of law. among which are the following more important ones
 The governors right to veto a part of the legislative enactment iS limited to items Of appropriation where several items of appropriation are contained in one bill.
 The governor may not veto any part of the bill which does not con stitute an item of appropriation.
 The governor may veto an item of aDproDriation but not any part of an item of appropriation
 Tn case the governor approves the substitute appropriation and vetoes the repeal Of the statutory appropria- tiun. his approval stands, but his veto. being a veto of the law which does not constitute an item of appropria- ton, is, for that purpose, ineffective. and the entire section of the appro- rriation so sought to be partially retoed stands.
 Where the item consists of n re- peal of the statutory appropriation and the creation of Il substitute a1.- Propriation, and the governor vetoes the whole section, the effect -- to kill the substitute appropriations, and the repeal of the statutory appropria- tion remains effective This must be