Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1916-02-04

ing. provided the latitude so given canno
be used in such manner as to produce
deficit in the States finances
In this decision the commission follow
the suggestion of the Democratic platform
that proper provision be made for emer
gencies and contingencies.
For these reasons the commission is o
the opinion that it is advisable to give thu
Legislature the power to initiate appro
priations for objects for which the Gov
ernor has made no estimate. The com
mission feels, however, that it is necessary
to prevent the recurrence of deficits in the
finances of the State, and to fix the re-
sponsibility for any arrangement of the
financial plans of the Governor. 1t has
accordingly framed the proposed constitu-
tional amendment in such a way as to
permit the Legislature by three-fifths
vote, and subject to the usual provisions
with regard to the approval of the Governor
to appropriate money for a purpose not
included in the Governors estimates, on
the condition that provision is made in the
act of appropriation for the levy Of tax
sufficient in amount to defray the expenses
necessitated by such act of appropriation
Apart from this power of initiating APP
preparations the commission has believed
that the example offered by city charters
might be followed. 1t has accordingly and
in compliance with the Democratic plat
form provided that as general thing the
Legislature may not alter the estimates OF
appropriations submitted by the Governor
except to strike out or reduce them. and 1t
has confined the power of the Legislature
at regular session to initiate an appro-
priation to the period of the legislative
session subsequent to action upon the
estimates submitted by the Governor.
1t is further to be noted that the COM
mission has felt that the separation of the
three great departments of government,
which is such characteristic feature of
American political organization, makes it
desirable to treat the estimates for the
legislative and judiciary departments diff
ferently from the other estimates. The
estimates for the Legislature and judiciary
are not to be subject to the revisory powers
Of the Governor. Those for the Legislature
and judiciary are to be certified to the
Governor and are to be transmitted by him
without revision to the Legislature. The
of the judiciary as provided by
law are to be certified by the Comptroller,
and the Legislature may increase them.
but not reduce them. The effect Of this
method of treating the estimates for the
judiciary will be that no reduction in the
provision made by law for the judiciary
may be made in an appropriation act The
Legislature may. however. by an act. not
an appropriation act, but subject to the
limitations of the Constitution. change the
provision made by law for the courts. In
case it should do so. the Comptroller must,
the next time budget bill is presented,
certify the estimates for the judiciary. as
provided by the law.
The estimates for the Legislature are to
be certified by the presiding officer Of each
house for transmission without revision to
the Legislature, which may increase or re-
duce them.
In order to carry out the spirit Of the
provision of the platform which seeks to
protect "the States outstanding obliga-
tons" and in order to preserve as far as
possible unchanged the present provisions
of the Constitution, we have provided that
the Governor shall in his estimates make
provision for the State debt, for salaries
payable by the Constitution and laws of
the State. for free public school system,
as provided by law. and for such other
purposes as are set forth in the Constitution
The amendment also prevents the Legisla-
ture from amending the budget bill so as
to affect the State debt; from reducing the
salaries of public officers during their term
Of Office. the rule Of the present Constitu-
ton, or from altering the estimates for the
free school system as submitted by the
Governor.
Finally. the Constitutional amendment
which we have proposed provides for the
contingency that the Legislature does not
act upon the budget bill during its regular
session. by authorizing the Governor to
extend that session. In case he does so,
the amendment provides that the Leaisla-
ture may not consider during the extended
session any other matter than the budget
bill. We have also specifically provided
that the amendment proposed shall not
be construed as preventing the Governor
from calling extraordinary sessions OF the
legislature. as now provided in the Con-
stitution. nor as preventing the Legisla-
ture at such extraordinary sessions from
considering emergency appropriations.
Our thought in drafting the proposed
amendment has been
First-To impose upon the Governor the
sole responsibility. within the limits Of the
Constitution and the provisions Of exist
ing laws. Of presenting to the Legislature
u CoiHpiChC anu COiipICHCubiNt btdtciutHN
Of the needs and resources Of the State
based upon
(a) Estimates made by those applying
for State moneys;
(b) Evidence brought out at public hear
ings on those estimates. and.
(c) Administrative revision by the Gov
ernor Of all estimates except those for the
Legislature and the judiciary and for pur-
poses for which provision has been made
by the Constitution or existing law.
Second-To make 1t impossible for the
Legislature so to change the plans pro-
posed by the Governor as to produce a
deficit but.
Third-To permit the Legislature to make
provision for any purpose not included in
the Governors plan on the condition that
It provide also for the revenue which the
accomplishment Of its purpose necessltates.
Fourth-We have not attempted in the
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