Arizona republican., 1922-04-03
MONDAY MORNING. APRIL 5. 1922
It is easy enough to forgiUe yoNr
enemies If yoat haze not the poaOer to
harm them. -Heine.
A Permanent sehool FUND

Permanent School FUND
In the few remaining days of the Legislative ses-
sion we think it would be well to look into matter
to which no attention had been publicly given until
Saturday Judge Phillips warned the whole COM
mttee of the house against the inclusion of appro-
prlation for the university and for the public
schools in any other bill than the general appropra
tion bills. No one. at the outset, can
feel greater sodctude for the schools than Judge
Phillips whose apprehension OF danger making
such appropriation as was attempted actually
made for the public schools was based on his inter-
probation of the following section 20 of Article N of
the state constitution:
The general appropriation bill shall en-
brace nothing but the appropriation for the
general departments of state for state inst
tutions, for public schools and for interest on
the public debt All other appropriations
shall be made by separate bills. each embrace
ing but subject"
1t is true the legislature in the regular session a
year ago made provision for a school fund and
university fund, in chapters 81 15S of the
laws of Arizona for 1921 Continuing appropriations
thus created these funds be replenished
after year without further by the legislature
The question of the constitutionalty of those
Tes not raised and probably will not be
raised against legislation those funds but it is
almost certain that it win be incidentally raised so
for other purposes further permitted
The chief argument of the school people in favor
of the continued appropriation that it would give
such degree of permanency to the fund could be
afforded in other way it would leave the schools
no longer football IN legislation not possible
that greater than lack of permanency
hangs over fund created in some other way than
that prescribed by the constitution?
Pursuing the inquiry as Section 20, it appears
hold that appropriations for institutions,
for public schools for the interest the public
debt and for the department could also be made
by separate bills would be to read out of Section 20
the word "other" so that we should have, "An app
propriatons shall be separate bills each embracing
but subject thus doing away with the necessity
of general appropriation bill That plainly not
the purpose Of the constitution. 1t intend
appropriations Of the four classes enumerated
should be made except in the general appropriation
bill From this it does not appear that continu
ing appropriation is permissible under our state
stituton
In the course of the debate Friday reference
was made to decision on this point by the Okla
homa supreme court. The constitution of Oklahoma
in respect of appropriations identical with
far as the question raised concerned In the
case of the state Treasurer VS.. Askew in 1O7 Pacific
Reporter 15s. the court said:
but when considered svith the limita-
tions OF Section 55, Art v of the Constitution
and Section 56 which provides that: The
general appropriation bill shall embrace
nothing but appropriations for the executive
legislative and judicial departments of the
state clearly shows that continu-
ing appropriation is not permissible under our
constitution In of the authorities that
we have been able to find where a continuing
appropriation was permitted such
tons So and 5S contained at that time"
The wish was voiced during the debate that ap-
propriations for the schools might be taken out of
the general appropriation bl that the schools might
be kept out OF the vortex of politics and sectional
conflicts and with that view think majority of
citizens viii agree Indeed a motion by Mr.. Haynes
OF Pima was carried for the striking out of all ref
erence tc the schools the financial code and the
making of permanent provision for them by separate
legislation. But there again fall under the limi
tations of Section 90 suggestion offered by Miss
Boehringer author of the amendment which placed
the school fund appropriation financial code
as continuing appropriation might be acted upon
that the school fund by an amendment to the
stitution be made special fund. In that way only
could the policy be made permanent and unassan-
able
1t is not too late yet believe, to act upon this
suggestion and to propose such amendment to be
submitted to the voters either at the primary in
September when other constitutional amendments
will be submitted, at the general election in
November.
We think there is other way in which perma
nency can be secured On the hand there is
always the legislative pulling and hauling to which
the appropriation for the schools is likely to be sub
iected as has been SO frequently in the past
the disturbance of general legislation On the other
there is the present probability that eventually
he validity of school appropriations made in other
than the manner prescribed by the constitution will
De successfully questioned.
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