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Proceedings of the Senate, 1916
Volume 658, Page 134   View pdf image (33K)
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134 JOURNAL OF PROCEEDINGS [Jan. 28

tion that it provide also for the revenue which the accom-
plishment of its purpose necessitates.

Fourth—We have not attempted in the amendment pro-
posed to deal with existing continuing appropriations. We
have felt that it would be improper to repeal such appropri-
ations by constitutional provision. Indeed, so far, as a con-
tinuing appropriation is a part of a contractual obligation, as
for example, a continuing appropriation for interest and sink-
ing fund for the State debt; a repeal of such an appropriation
in the State Constitution would be unavailing, since it would
contravene that provision of the United States Constitution
which forbids a State to pass any law impairing the obligation
of a contract.

We have, however, provided in the amendment submitted
that the Legislature may from time to time enact such laws
not inconsistent with the amendment as may be necessary
and proper to carry out any of its provisions. Under this
clause the Legislature may repeal all continuing appropria-
tions not of a contractual character. Such a policy it is to
be remembered is approved by the platform of the party under
the instructions of which this Commission has been working.
It is, however, a policy which would be realized rather by
legislation than by constitutional provision.

Out of abundant caution and in order to carry out the
purpose of the platform to protect the "State's outstanding
obligations, " we have left it in the power of the Legislature
to pass at any time and in the usual manner an Appropriation
Bill for the payment of all the State's obligations protected by
the provision of the Constitution of the United States forbid-
ding a State to pass any law impairing the obligation of
contracts.

In conclusion, we beg to emphasize the fact that in the
opinion of the Commission the proposed amendment is in all
its details in exact accordance with the provisions of the
Democratic platform.

FRANK J. GOODNOW, Chairman,.

JAMES ALFRED PEARCE,

JOSEPH D. BAKER,

B. HOWELL GRISWOLD, JR.,

PHILIP D. LAIRD,

WILLIAM M. MALOY,

F. NEALE PARKE,

Commission.

 

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Proceedings of the Senate, 1916
Volume 658, Page 134   View pdf image (33K)   << PREVIOUS  NEXT >>


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