The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1916-02-26

With Inc sinking OF the 0rSt vessel up-
on which there are Americans,
year 1915. as authorized. by law.
where's the general assembly at
the session of 1915, provided for the
rebuilding the State hospital by the
levy OF one-half mill and provided
that the proceeds Of said levy be used
Tor said rebuilding during said year.
and, !,
Whereas the policy adopted then
was to continue said. levy for the pur-
pose Of providing. $780, 900 annually
for rebuilding for q period of four
years: -, .s..
"'Be. 1t provided. That the gover-
nor. the. comptroller general and, the
State treasurer be-, and they are here
BY. authorised to borrow and pledge
the credit of the State for an amount
not exceeding $4,000 in anticipation
Of the collection OF taxes IL it be found
by the regents that 1t is necessary,
to expend for rebuilding sum great
or than the. amount Of 500. 900 herein
appropriated during; the year 1916,
'Please advise me If am author
lied to draw on this amount Of $780,
ooe."
70 the above letter Mr., Peoples yes
serday replied, as follows:
Il ain in receipt OF yours. OF the
slst inst. in which you, SAY that under
section 26,of the appropriation act for
1916 there Is doubt as to whether or.
aot the amount of 500. 900 is appro-
priated for the development and, re-
pairs Of the State Hospital for the
Insane. and you quote section 2s and
ask to be advised. II you are authorized
to draw on this amount Of 800. 900. d
II am enclosing you herewith an.
abstract showing the different steps
takep BY the house, the senate and the
Tree conference committee in refer
'sncs to section &C., as shown by the
original bill and act on file in the
office Of Secretary Of state.
Il am Of the opinion that the ap-
.cropriationl act does not appropriate
the 100000 for repairs. The Ian
lsuage is doubtful and it may be con-
i,trued by the courts as being author
lied and appropriated but in the alb
sence Of such construction by the
courts could not advise that this
amount has been appropriated by the
appropriation act.
,'It is true that the recapitulation Of
the various items of the appropriation
act, in section 43 Of the act, provides
for an appropriation Of $41S, 900 to the
State Hospital for the Insane. This
recapttulation. however, is not suffi-
cient to my mind to carry the appro-
priation of 100000. ta, ",e
Quite a similar question was be-
fore the supreme court in the case of
State ex rel. Long vs.. Jones. comp
troller general, eos. c., page 49,.
which was a proceeding brought in
the supreme court in reference to the
appropriation made by the appropria-
ton act Of 1914 relating, to the
appropriation for the Confederate in
firmary. 1t appeared that item of
section 80 of that act was vetoed by
the governor and that the veto was
sustained. The act still provided,
however, that for the Confederate in
Urinary total OF $16. 100 was appro-
priated. The supreme court held that
as that item was vetoed by the gov
,ernor andshis veto was sustained there
was no appropriation for the salaries
and wages Of the employees of the in
Urinary provided in that item, not
w!thstanding the fact that the total
appropriated for the Confederate in
firmary. as shown by the total was a
sufficient amount to include the pay
ment Of these salaries. ,.'
49,
Item a OF section,l26 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 ap-
preparation Of 100000 has been made
for such repairs.
! I would therefore: advise that be-
fore entering up and drawing on this
item your authority for, doing the