No Money for the Firemen.

No Money for the Firemen.

It is not probable that the firemen of Montana will have a tournament this year. The State Association relied upon getting the money appropriated for this purpose by the last legislature and did not make arrangements to raise the money necessary in any other manner. Now the Attorney-General has decided that the money will not be available, and that the action of the legislature is of no force because there is no money that can be used for that purpose. The AttorneyGeneral says :

“ If the receipts from the revenue of the State had been sufficient to reach this appropriation, we doubt very much whether the State would question the same, even if it could have been safely contended that such appropriation was unconstitutional. The State officers regard an appropriation made by the legislature as binding upon them to carry out the will and intention of such body and would not contest the constitutionality of such appropriation, provided that the same could be done without detriment to the State. We believe the rule of law to be, that whenever the legislature makes appropriations in excess of the revenues, that all such appropriations made, under the constitution, are of no force or effect whatever in law and are nugatory.

“That the appropriations herein referred to being in excess of the total tax, provided for by law, are within the inhibitory provisions of section twelve, article twelve of the constitution, which in substance provides that no appropriation shall be made or any expenses authorized by the legislative assembly, , whereby the expenditures of the State during any fiscal year shall exceed the total tax therein provided for by law and applicable to such appropriation or expenditure, unless the legislative assembly making such appropriation shall provide for the levying ot a sufficient tax, not exceeding the rate allowed in section nine of this article, to pay such appropriations or expenditures within such fiscal year.

“ This appropriation so made, being in excess of the power of the legislature, from the fact that added to other appropriations it will exceed the total tax now provided for by law, and no provision having been made for levying a tax to pay such appropriation or expenditure within the year 1893, and there being no moneys in the State treasury not otherwise appropriated to take up warrants that might be issued for claims incurred thereunder, that such appropriation is vo d under said provision of the constitution.”

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