Year: 1863

We are indebted to His Excellency. o. +.
MoRroS. for pamphlet copy of a letter addressed
by him Ito JAMES wIssLow, Esq, of New York.
touching the payment of interest on funded debt
OF Indiana" IL occupies some fourteen pages.
bound in yellow paper covers, and partaking
somewhat of romance in it, statements, II may
be properly denominated waller kivered' litera-
ture. The Governor places the following dehnl-
ton upon the word appropriation. He says:
"An appropriation may be accurately defined as
a direction gwen by law TO pay money out ot the
Treasury for particular purpose. This direc-
ton may be specific. and in terms, or it may be
. necessary ntendment Of legislative act.


His Excellency then proceeds to quote the
vcrious acts in regard TO the public debt, passed
in reference to the compromise with its creditors,
and acknowledging that the Legislature at its
last session made no appropriation. general or
specific, for the payment Of the interest on the
State debt, sums up with the statement that "if
the interest is not paid the responsibility will rest
with those officers upon whom the law has de-
volved the duty of making the payment" A
brief reference TO the law and the testimony, and
the duty OF the Governor. will plainly demon
slrate who will be responsible for any failure to
fulfill this obligation aud the pghted faith of the
State. We do not propose to discuss the con
sistency or inconsistencies OF the opinions of the
Attorney General, which seems to be the main
object of the Governors pamphlet, for that gen
tleman IL fully competent to that task


The Constitution Of the State. Sec. 3, Article
TO- reads IA follows:


"No money shall be drawn from the Treasury
but in pursuance of appropriations made by
law


All familiar with the legislation at the special
session in 1858, and at the regular session in
1859, will not fail TO remember that the loose
manner in which the financial affairs of the State
lad been transacted prominent subject OF
discussion, and an act was finally passed Ito pro-
vide treasury system for the State of Indiana
for the manner of receiving, holding and disburs
ing the public moneys of the State. and for the
safe keeping of public moneys" DAVID c. BRAN
HAM was chairman of the House Committee ol
Ways and NJ cans, at both of those sessions. The
charge was made by him and other prominent
Republican members. that the State officers in





assumed the responsibility of dsbursng the pub
lie moneys without the authority or sanction oi
the Legislature, and the payment of the interest
on the State debt especially referred to
And TO show, that in the opinion of the Legisla
ture, the State officers had no authority to pay
that interest without the authority of the General
Assembly. its payment for 1889 and 1860 was
provided for in the general appropriation bills for
those years


The Governor is in error in hs statements He
says:


Thus. from the beginning. the acts of 1916
and lolI, were accepted both by the Legislature
and the State officers. IA sufficient appropria
ton under the Constitution


This is not so. Previous to 1858. the Legis
lature provided specifically for the payment Of
the interest, thus demonstrating that the acts oi
1916 and ls47 were not sufficient appropra.
ton"


The act Of 1889 providing n treasury system
was passed over Governor wrLLARp's veto. II
provides generally that all public moneys shal
be paid into the treasury and there to remain. II:
received. until paid out in pursuance of law
Sec. of that act, saws:


The Treasurer of State is expressly prohibited
from paving any money out Of or transferring
any money from the Treasury of State, except
upon the warrant of the Auditor of State"


There is no chance here for any misapprehen
sion in regard to the duty of the State Treasurer
Section 5. of the same act thus defines the dut,
of the Auditor:


"The Auditor Of State shall at no time draw
warrant upon the Treasurer of State, unes
there be money in the Treasury belonging 10 tn,
fund upon which the same is drawn to pay III,
same. and in conformity To appropriations made
! BY law"


And the Legislature left no room for doubt il
regard to its construction OF the phrase, "n con
foruity appropriations made by law" b,
pacing in the General appropriation bills i
passed. the appropriations necessary to pay tn,
State debt interest for the years 1859 and 500
! Certainly there cat be no mistake as TO the in
tendment of the Legislature in passing the &C
providing treasury system. and It's construction
OF the Constitution and the laws in reference I,
the State debt. There was no penalty provided
in that for the punishment of violations thereo
by the State officers


To make the intendment of the Legislator,
more clear in regard to the act of 1889, the Gen
eral Assembly at its session in 1861 passed wha
is generally known as the embezzlement law
/ We quote two sections from H.


Sec. 3. If the Treasurer of State or any dep
uty or any person in his employ shall paw out
or receive. anv public money in any ether man
ner as prescribed by law. he shall be fined no
less than fifty nor more than FIVE hundred dollars
and be imprisoned in the county prison not les
than wear.


Sec 8 II the Auditor of State shall draw an,
amount upon the Treasurer of State unless ther
be money in the Treasury belonging to the par
ticular fund upon which the same is drawn TO pa,
made by law. he shall be deemed guilty of
misdemeanor and upon conviction thereof shal
be fined in any sum not less than one hundreS
dollars and not more than one thousand dollars
and be imprisoned in the county jail not less thar
one or more than six months.


And to make clear its meaning Of the term "il
conformity to appropriations made by law" tn
Legislature which passed this embezzlement Law
10 correct the loose manner in which the financia
affairs of the State had been conducted. places
in the general appropriation bills for 1861 ant
1850 the sums necessary % paw the interes
upon the State debt


At the extra session in 1861 a war loan O