People ex rel. Caton v. Needles

Citations

• 96 Ill. 575
• 1880 Ill. LEXIS 72

Syllabus

<p>1. Constitution An law—lapsing of appropriations — Douglas monument. The legislature, in 1877, made an appropriation of 5-50,000 for the completion of the Douglas monument at Chicago, to be paid out of the treasury as the work progressed. In December, 1878, there remained undrawn of the appropriation 58648, and the commissioners appointed to complete the work, reported that fact, and that it would require a further sum of $9000 to complete the same. In May, 1879, the legislature appropriated the additional sum asked. On the 30th day of September, 1879, all of the first appropriation was drawn except $4798, and nothing from the $9000 one. After September 30, 1879, and up to July 1, 1880, the commissioners had drawn $8450. when they drew for $1200 for which the Auditor refused to draw his warrant: Held, on application for a mandamus against the Auditor, that under sec. 18, art. 4, of the constitution, the $4798, balance of the first appropriation, had lapsed and could not be taken from the treasury, by reason of the expiration of the first fiscal quarter after the adjournment of the regular session of the General Assembly succeeding that at which the appropriation was made.</p> <p>2. The provision of sec. 18, art. 4, of the constitution, that all appropriations, general or special, requiring money to be paid out of the State Treasury, from funds belonging to the State, shall end with the first fiscal quarter after the adjournment of the next regular session of the legislature, is not confined to appropriations for the ordinary and contingent expenses of the Government, but applies to all appropriations of the public money.</p>