Year: 1872

to do so with economy, but it shoul


not be expected to bear the draft q


four millions of dollars in appropria
tlOns, as was assumed by the legisla


tion Of the last session.


| would, therefore, recommend tha


during the present session of you


honorable body an act be passed max


ing general appropriation for pay


ment of salaries of officers, interest OF


the public debt, expenses of publi


education and the public charities


which act shall be general law ant


remain in operation until modified o


repealed by the General Assembly


Should this be done, we shall avoit


the evil which has heretofore prevail


ed, of crowding into this bill larg.


number of obnoxious appropriation.


and eoercing unwilling members tt


vote for its passage under the threat


of defeating the necessary appropria.


tions for the year.


desire to call your particular at.


tention to the decision of the Supreme


Court in the case of ''The State eS


rel Solomon and Simpson VS.. James


Graham, State Auditor, :" in which the


doctrine relative to appropriations is


laid down in the following language


But it is contended by the relators


that the appropriation does not create


a debt because the money is pre-


sumed to be in the treasury This


raises the very serious question, ,wheth-
er or not the Legislature can make
appropriations unless there be money
to meet the warrants authorized there
by, either actually in the treasury or
provided for by the revenue bill. The
power of appropriation is the right to
apply to public purposes money in the
treasury. Article l04 of the constitu-
ton declares, NO money shall be
drawn from the treasury but in pur-
suance of specific appropriations made
by law An appropriation is an auth
orization to the Auditor to check up
on the treasury for moneys there de-
posted. If, therefore, the revenues
be inadequate to meet the interest of
the public debt and the current ex-
penses of the necessary State agencies
to preserve the government, an appro-
priation whereby the liabilities of the
State are increased) for any other pur-
pose than for the support and main
tenance of the machinery of govern
ment, is a debt within the meaning of
the constitutional amendment, which
declares that prior to the first of JAN
uary, 1890, the debt of the State shall
not be increased SO as to exceed
twenty-five millions of dollars'n


From this it will be seen that the
Legislature has no power to make any.
appropriation for any purpose what
ever, unless there be money to meet
the warrants authorized thereby, Ell
ther actually iE the treasury or provi-
ded for by the revenue bill.n In other
words, when an appropriation is made
its payment must also be provided for
by the assessment OF an additional tax
or the act will be obnoxious to the
amendment limiting the
State debt to S25, 100000 prior to
1890.


Nor do believe that under this de-
cision of the Supreme Court the State
has authority to issue any
warrant upon the general fund for
other than the necessary expenses of
the government, until it is ascertained
that the portion of the revenue which
is set apart for the general fund will
be in excess of the total amount re-
quired for such legitimate expenses of




The credit of our State abroad has
without great loss however,
q severe shock during the past year.
Tlfe reckless manner in which appro-
priations were made for the improve
ment of real and imaginary bayous,
real and fictitious claims against the
State, private charitable associations
and enormous compensation to off
cials, the manner in which $3.50, 900 |
was squandered by the House of Rep
together with other Incl
tents, have told heavily upon our
credit both at home and abroad. While |
he government has been extravagant,
almost criminally so, in its expendi-
lures, productive in itself of the most
effects on our credit, an
,ther interest, thinking to combat ex-
5remes by others quite as insane and
lisreputable, took upon itself, at the
of some ambitious politi-
ian or server of some opposition rail-
'oad interest, to commit number of
gentlemen to the silly attempt to fore
tall the action of the Supreme Court;
o pass judgment on questions then
before ito declare the unconstitu-
ionality of laws subsequently decided
by our Supreme Court,
md to affirm that such debts as were
in excess of a certain amount
n aid OF railroads, etc, were uncon-
and would not be paid.


The gentlemen who were deceived
nto signing this circular now see that
While they have only temporarily af-
ected the credit of the State and de-
aged the negotiation of our bonds
broad, they, in their private inter
sts, have not escaped, but are already
experiencing the evil effects of their