The herald and news. [volume] (Newberry S.C.) 1903-1937, 1916-02-25
purpose for the year 1916, as authorized

by law.
Whereas the general assembly at
the session Of 1915 provided for the re-
building of the State hospital by the
levy of one-half mill and provided that
the proceeds of said levy be used for
said rebuilding during said year, and
"'Whereas the policy adopted then
was to continue said levy for the pur-
pose of providing $4,000 annually for
rebuilding for period of four years:
BE it provided, That the governor,
the comptroller general and the State
treasurer be and they are hereby, auth
orized to borrow and pledge the credit
of the State for an amount not ex-
ceeding $4,000 in anticipation of the
collection OF taxes if it be found by the
regents that it is necessary to eXpend
Tor rebuilding sum greater than the
amount Of 100000 herein appropriated
during the year 1910
please advise me ii I am authorib-
ed to draw on this amount OF $780,
eco.
OPINION By PEOPLES.
To the above letter Mr. Peoples yes
terdal replied as follows;
y am in receipt OF yours OF the -2Ist
INST. in which you say that under sec
ton 20 Of the appropriation act for 1910
there is doubt as to whether or not the
amount OF 100000 is appropriated for
the deyelopmnt and repairs OF the State
Hospital for the Insane, and you quote
section 20 and ask to be advised il you
are authorized to draw on this amount
Of 100000.
Il am inclosing YOU herewith an alb
stract showing the different steps taken
bv the house, the senate and the free
conference committee in reference to Sc
ton 20, as shown by the original bill
and act on file in the office OF secretary
OF State
4 am OF the opinion that the appro-
priation act does not appropriate the
100000 for repairs. The language is
doubtful and it may be construed by
the courts as being authorized and ap-
propriated but in the absence OF such
construction by the courts l could not
advise that this amount has been ap-
propriated by the appropriation act.
1T is true that the recapitulation OF
the various items of the appropriation
act. in section 43 OF the act provides
for an appropriation of S41S,ooo to the
State Hospital for the Insane This re-
capitulation. however, is not sufficient to
my mind to carry the appropriation OF
100000.
Quite similar question was before
the supreme court in the case Of State
ex. rel Long vs.. Jones, comptroller gen
eral, % S. C., page 80, which was pro-
ceeding brought in the supreme court
in reference to the appropriation made
by the appropriation act of 1914 relating
20 tie appropriation for the Confederate
:ntirmary. 1t appeared that item 3 of
section 80 of that act was vetoed by the
governor and that the veto was sustain
ID. The act still provided however that
for the Confederate infirmary to tai of
$1,000 was appropriated. The supreme
court held that as that item was vetoed
by the governor and his veto was suS-
aimed there was no appropriation for
the salaries and wages Of the employees
If the infrmary provided in that item,
Notwithstanding the fact that the total
appropriated for the Confederate in
hrmary, as shown by the total was a
sufficient amount to include the pay
ment of these salaries.
Item ? of section 26 of the act of
1915. as shown by the abstract of the
appropriation act inclosed, was stricken
out by the senate and this having been
left out of the act, in my opinion as
indicated. above, no appropriation Of
100000 has been made for such re-
pairs.
Il would therefore advise that before
entering up and drawing on this item
your authority for doing the same be
received from some court of competent
Jurisdiction which may construe this act
to mean that the 100000 has been ap-
propriated.'