People ex rel. Brinkerhoff v. Swigert

Citations

• 107 Ill. 494
• 1883 Ill. LEXIS 288

Syllabus

<p>1. Military ETWD—act of 1883, for transfer to the general revenue fund, construed. Tlie term, “any unexpended balance,” in section 4 oí the “Act to provide for the payment of the Illinois National Guard, ” etc., approved June 25, 1883, does not include every part of the military fund before that time levied and collected, which has not been actually paid out of the treasury prior to the first day of July, 1883, and require it to be transferred to the general revenue fund, without regard to existing claims against it. That section is held to mean that whatever may remain of the military fund after the payment of all proper and just claims against it which accrued during the year ending on and including the whole of the 30th day of June, 1883, shall be so transferred; and the fact that a part of such claims have not been actually paid before July 1, 1883, makes no difference in this respect. It is sufficient if they are adjusted and paid at any time before the fund lapses, under the 18th section of article 4 of the constitution.</p> <p>2. There is nothing in said section fixing the exact time when the actual transfer of this “unexpended balance” on the books of the Auditor and Treasurer must be made. From the analogies of the law on like questions, it will be presumed that the legislature intended to allow» a reasonable time to ascertain such “unexpended balance.” Under section 18, of article 4, of the constitution, the appropriation, by the act of 1881, would extend until the expiration of the first fiscal quarter after the adjournment of the legislature of 1883, or until October 1, 1883, for the payment of all just claims against the same; and any transfer of such militaiy fund before that time is premature, and unauthorized.</p> <p>3. Same— of its distribution—statute construed. The annual distribution of the military fund required to be made by the Governor and Adjutant-General by the act of 1879, is not for the purpose of ascertaining the total amount which is