Show LA lAW RESTRICTING BUDGET BILL rG SCORED t Cluff Declares Section Is Ridiculous and May Be BeI I Ignored Section f a LAWS of or Utah 1917 which forbids forbid the tho legislature to Increase appropriations In the budget bill la is foolish and ridiculous Attorney ney noy General Harvey 11 II duff Cluff says inan In Inan In Inan an opinion given to Representative Fin Fin- as aa to Its Ite constitutionality Tho The attorney general writes I f have your letter lotter letter ot of January 31 81 In 1 I which you cell can my attention to the provisions pro plO visions vision of ot section Compiled Complied Laws Law of Utah 1917 and particularly that portion which r rada ada a aa a. follows I The state legislature may muy not alter said bill except to strike or reduce Items therein and you ou ask ILsk my opinion as aa to tho the constitutionality of ot this pro pro- vision The said nala l section refers reters to the tho preparation preparation preparation prep prep- and presentation to tho the legislature legislature legis- legis lature of ot the budget bill which shall carry appropriations for the tho of ot- ot flees departments and In Institutions of ot the tho state government for tor tho the ensuing biennium and It would Ie seem em from th the particular provision above quoted and to which you ou call can my special attention that the legislature Is le forbidden to In Increase Increase inCrease In- In crease any Item of ot the said budget no matter how Important and necessary the tho Increase might appear to legislature leg leg- I am of or tho the opinion that this provision provision provision pro pro- vision Is not only ridiculous and foolish fool tool ish but Is a restraint attempted to be bo placed laced upon the legislature far tar beyond anything contained In the constitution I and I think the legislature Ie may tuny pursue pur- pur sue suo either one of ot two courses with reference to this provision It may proceed to ignore It entirely or amend said section so 80 o. o as to eliminate tho the objectionable provision above referred to Under Loder our form torm of government tho the supreme absolute power with reference to any and all nil such matters Is vested In the people and by the tho people dele dete- I gated to the legislature lature The legli t lure ture- therefore Is III th the only power powerful a ait It has full tull and absolute power to tOJ what shall become come of ot the revenues I this state elate and It may In mv my make any appropriation to any an depa m meat ment nt or Institution it ma deem n EInar and proper regard regardless ss ot of otin t I provision referred to o in said section r aUvo to tho the budget 9 j The Tho only con constitutional re restrict with reference to appropriations by b t l t e legislature are aro found Cound In articles article la lea 13 18 s state t constitution Article 1 1 I e st 0 lion r n ns 4 1 provides r rJ H 1 No public money mone or property sh sll t b be appropriated for or 01 applied to tots fA 1 religious worship exorcise exercise or tion or for Cor tho the of ot any cede I 11 fl establishment Article 13 18 section 9 D. D provides es No Wo appropriation shall be bo maor maor ma mt or nn any expenditure authorized td by legislature whereby the the tho state during any fl fiscal c 1 year ah sn exceed the total tax then n provided if r rby b by Cj law th and n applicable l n for such fn a f. f or expenditure h t 1 y legislature making uch Ouch shall provide for tor levying a tax not exceeding the rates rase allowed section lIe 7 of ot this arll article ct a to pay su IU J appropriation or expenditure with such fl fiscal ca year te P Perhaps tho the most dignified way war j get by the tho objectionable provision prO said section would be bo to amt amenthe amen ameni the section by eliminating eliminating- tho the said Mid pr pro vision but It Is II my opinion the Ug legi lature may proceed t to Ignore such UCh pr pe vision f If art It t feels so disposed |