In Re Advisory Opinion, in Re

• Citation: 43 Fla. 305,31 So. 348
• Parties: In re ADVISORY OPINION.
• Decision Date: 08 October 1901
• Court: Florida Supreme Court

31 So. 348

43 Fla. 305

In re ADVISORY OPINION.

Florida Supreme Court

October 8, 1901

Under F.S.A. Const. art. 9, § 4, providing that no money shall be drawn from the treasury, except in pursuance of an appropriation made by law, a joint resolution, adopted by both houses of the Legislature, without an enacting clause is insufficient for that purpose.

Syllabus by the Court

SYLLABUS

An appropriation of public money cannot be constitutionally made by a joint resolution adopted by both houses of the legislature that lacks the constitutionally prescribed requisite to make it a law of an enacting clause.

OPINION

Advisory Opinion to Governor.

In the matter of the communication of the 4th of October, A. D 1901. To His Excellency, William S. Jennings,

Governor of Florida.

Sir:--We are in receipt of your communication of the fourth instant as follows:

'Oct. 4, 1901.

'To the Honorable Chief Justice and Justices of the Supreme Court of Florida--Gentlemen:--A joint resolution was passed by the legislature of Florida of 1901 authorizing the acceptance of a donation to the Florida Agricultural College of $10,000 for the erection of a gymnasium, and appropriating the sum of $2,500, or such part of that sum as may be necessary, for equipping said gymnasium in accordance with the terms of the donation as stated in the preamble and joint resolution which was approved May 3, 1901, and numbered 9. The comptroller has this day submitted for my signature and approval a warrant in payment of a sum under this appropriation.

'The fourth section of article 9 of the state constitution reads: 'No money shall be drawn from the treasury except in pursuance of an appropriation made by law.' I am in doubt as to the sufficiency and legality of said joint resolution as an appropriation of money to be drawn from the treasury under the provisions of the constitution of the state of Florida, and as to may powers and duties to countersign said warrant, and now request your honors' opinion upon this point, so that I may be certain as to my executive powers and duties in the premises.

'I have the honor to remain, yours very truly,

'W. S. Jennings, Governor of Florida.'

The resolution adopted by the legislature of 1901, to which you refer, is as follows:

'A joint resolution authorizing the acceptance of a donation to Florida Agricultural

College, and appropriating money for the equipping of such gymnasium.

'Whereas, Henry M. Flagler, in a letter to Hon. Geo. W. Wilson, president of the board of trustees of Florida Agricultural College, says: 'May information is that you are badly in want of a gymnasium at this college, and I shall be happy to contribute the sum of ten thousand dollars to a building for such a purpose, provided the state of Florida will contribute an amount to properly equip such an institution:' Therefore,

'Resolved by the senate, the house of representatives concurring, that the board of trustees of the Florida Agricultural College is hereby authorized to accept the said donation for the erection of a building for a gymnasium, and that the sum of twenty-five hundred dollars, or so much thereof as may be necessary, is hereby appropriated to properly equip such an institution in accordance with the terms of the donation.

'Approved May 3, 1901.'

In short, the question submitted by you for our solution is whether or not this resolution effects, under our constitution, a legal appropriation of the sum of money therein mentioned, so as to authorize you, as governor, to countersign a warrant on the public treasury therefor. Section 4 of article 9 of the constitution of 1885, provides that 'no money shall be drawn from the treasury except in pursuance of appropriations made by law.'

And section 24 of article 4, provides that: 'The treasurer shall receive and keep all funds, bonds, and other securities, in such manner as may be prescribed by law, and shall disburse no funds, nor issue bonds, or other securities, except upon the order of the comptroller countersigned by the governor, in such manner as shall be prescribed by law.'

And section 18 of article 4 provides that: 'The governor shall have power to disapprove of any item or items of any bills making appropriations of money embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items of appropriation disapproved shall be void, unless repassed according to the rules and limitations...