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Proceedings of the Senate, 1916
Volume 658, Page 132   View pdf image (33K)
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132 JOURNAL OF PROCEEDINGS [Jan. 28

of the financial plans of the Governor. It has accordingly
framed the proposed constitutional amendment in such a way
as to permit the Legislature by a three-fifths vote, and sub-
ject to the usual provisions with regard to the approval of the
Governor, to appropriate money for a purpose not included
in the Governor's estimates, on the condition that provision
is made in the act of appropriation for the levy of a tax suffi-
cient in amount to defray the expenses necessitated by such
act of appropriation.

Apart from this power of initiating appropriations the
Commission has believed that the example offered by city
charters might be followed. It has accordingly, and in com-
pliance with the Democratic platform, provided that as a gen-
eral thing the, Legislature may not alter the estimates of
appropriations submitted by the Governor except to strike
out or reduce them, and it has confined the power of the Legis-
lature at a regular session to initiate an appropriation to the
period of the legislative session subsequent to action upon
the estimates submitted by the Governor.

It is further to be noted that the Commission has felt that
the separation of the three great departments of government,
which is such a characteristic feature of American political
organization, makes it desirable to treat the estimates for
the legislative and judiciary departments differently from the
other estimates. The estimates for the Legislature and
judiciary are not to be subject to the revisory powers of the
Governor. Those for the Legislature and judiciary are to be
certified to the Governor, and are to be transmitted by him
without revision to the Legislature. The estimates of the
judiciary as provided by law are to be certified by the Comp-
troller, and the Legislature may increase theni, but not reduce
them. The effect of this method of treating the estimates for
the judiciary will be that no reduction in the provision made
by the law for the judiciary may be made in an Appropria-
tion Act. The Legislature may, however, by an Act, not an
Appropriation Act, but subject to the limitations of the Con-
stitution, change the provision made by law for the Courts.
In case it should do so, the Comptroller must, the next time
a Budget Bill is presented, certify the estimates for the
judiciary, as provided by the law.

The estimates for the Legislature are to be certified by the
presiding officer of each House for transmission without re-
vision to the Legislature, which may increase or reduce them.

In order to carry out the spirit of the provision of the
platform which seeks to protect "the State's outstanding ob-
ligations, " and in order to preserve as far as possible un-

 

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Proceedings of the Senate, 1916
Volume 658, Page 132   View pdf image (33K)   << PREVIOUS  NEXT >>


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