The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1923-08-01
CONSTITUTION UPHOLDS DIXON'S ECON
OMY SLASH IN APPROPRIATION BILLS
ATTORNEY GENERAL IN OPINION TO STATE TREASURER
DECLARES GOVERNORS ACTION LEGAL IN REDUCING
AMOUNTS VOTED BY LEGISLATURE TO COME WITHIN
LIMITS OF STATES REVENUES.

Governor Joseph M. Dixon was
using the methods he did in cutting
down the amounts of the ~appropria.
ton bills enacted by the last legisla-
tive assembly, according to an Opin-
ion delivered by Attorney General w.
D. Rankin to State Treasurer o. H.
Junod on Tuesday morning.
In conclusion the attorney general
stated in his opinion that the prece-
dent established by Governor Dixon
should be encouraged, and that the
legality of state warrants is not af-
fected by his action.
In this connection Attorney Gen.
eral Rankin cited an opinion from the
state supreme court of Pennsylvania
covering a similar situation as that
in Montana in which the action of the
governor was upheld.
The opinion of Mr.. Rankin was de-
IivereG to State Treasurer Junod after
the latter had addressed a letter to
the attorney general to the effect that
"the banks in Helena and elsewhere
in the state are refusing to accept
general fund warrants issued after
July /, 1923. They base their re-
fusal upon the possibility of these
warrants not being legally issued, due
to the reduction made by the COVER
nor in the appropriation bills passed
by the eighteenth legislative assem-
bly,.
AS a result of the attitude taker
by the banks the salar warrants is
sued on the general fund have beer
cashed at the office of the state treas.
urer and the opinion received from
the attorney general safeguards the
act of the treasurer in so doing.
, Following the adjournment of tn,
: last legislative assembly GovernO
! Dixon found it necessary to reduc
the amounts of a number of the ap
preparation bills because the iegis
lature had exceeded the total reve
t nues Of the state for the ensuin
4 two years, and in making the reduC
h tions he did so on a percentage basi
" Attorney General Rankin upholds tn
Il action, and quotes section 13 of a
ticle VII, Of the constitution, whic
al provides in part as follows:
10 "The governor shall have power
1t disapprOve Of any item or items
r any bill making appropriations
al money embracing distinct items, al
N the part OF parts approved shall b
n come a law, and the item or item
lie disapproved stall be void"
ne Governor Dixon reduced the amou
of the appropriation bills after he HI
d. received a statement from Sta
IL Treasurer Junod and State Audit
as George P. Porter informing him tn
the total amount of the appropriate
n made by the eighteenth legislati
It, assembly from the general fund wou
exceed the entire revenues coming
as the general fund of the state for t
nd fiscal year 1923-1924 in the sum
m $36S, 1929, and that the general flu
he deficit for the fiscal year 1924-1s
would approximate the same amou
nc Attorney General Rankin point
at out that the questions which m
be determined by the governor in
ng proving or disappearing a bill are p
cisely the same as those which
at two houses of the legislature nee
te- sarily pass upon in enacting a
Whether an appropriation ought
hat be made and in what amount
in questions transferred from the
ing houses of the legislature to the g
ernor with the bill itself. Upon e
err and all of these the governor Is
ap- titled to exercise his Judgment s
irst arately and to approve or disappr
ght the bill accordingly"
at