Montana Attorney General Opinion 15-315

Opinion No. 315 Appropriations--VeteI1ms' Welfare Commission. HELD: Money appropriated by the legislature for one purpose for the Vet- erans' 'Velfare Commission may not be expended for another and different pur- pose, even though there be some con- nection between them. August 19, 1933. 'Ve have carefully read your ex- haustive request of recent date relating to the appropriation of funds made by the Twenty-third Legislative Assembly for the Veterans' Welfare CommiSSion. It appears that the legislature ap- propriated $3,500.00 for salaries and expenses and $3,500.00 for gifts and relief to war veterans for the fiscal year beginning July 1, 1933, and end- ing June 30. 1934, and like amounts for like purposes for the fiscal year beginning July 1, 1934, and ending June ::10, 1935, to enable the Veterans' Wel- fare Commission to "carry on" over the biennium. If we understand your position aright. it is that as the amounts allowed for salaries and expenses are altogether in- sufficient to permit the Commission to function efficiently in behalf of the veterans lind as the amounts allowed for relief are no more than a drop in the bucket anyway, some, or all of the latter should be used to PIlY a part of such salaries lind expenses as the work of the Commission may necessitate. Much as we mlly desire to do so, we cannot assent to, or sllnction the pro- posed arrangement for it has neither constitutional nor judicial support. "No money," says the Constitution, "shall be paid out of the treasury except upon appropriations made by law, and on warrant drawn by the proper officer in pursuance thereof, except interest on the public debt." (Sec. 34, Art. V.) And again, ,,* * .. no money shall be drawn from the treasury but in pursu- ance of specifiC appropriations made by law." (Sec. 10, Art. XII). These prO\isions are clear and unam- biguous and mean just what they say. Therefore, money appropriated hy the legislature for one purpose may not be expended for '8nother and different purpose, even though there be some connection between them. (In re Pom- eroy, 51 Mont. 119; First Nlltional Bank ". Sanders County, 85 Mont. 450; Hen- derson v. Hm-ey, 27 Pac. 177; Boyd v. Dunbar, 75 Pac. 695.) It would be unfortunate, indeed, if the economy practiced in this instance hy the last legislative assembly should result in seriously crippling the Com- mission in the fine work it has been doing for the veterans of Montana. over a period of 12 or 14 years, but when all is said and done the law-mak- ing body, acting within the Constitu- tion, is supreme in matters relating to appropriations; it knows no master ex- cept the combined conscience of its members; its work, be it for good or e"iI, controls us all. We do not think the appropriation biII in question here was intended to amend or does amend the Veterans Welfare Commission Act.