732 ARK. GAME & FISH COM. V. PAGE, TREAS. [192 ARKANSAS GAME & FISH COMMISSION V. PAGE, TREASURER. 4-4341 Opinion delivered May 11, 1936. STATESAPPROPRIATIONS.---Act 194, Acts 1935, p. 514, providing for the transfer of $5,000 from the' Game Protection Fund to the State Park Commission is too vague and indefinite, and the transfer must fail for failure to meet the plain requirements of § 29, art. 5, of the Constitution which requires that the purpose for which an appropriation is made "must be distinctly stated in the bill," since the provision of the Constitution is mandatory. Appeal from' PulaSki Chancery Court; Frank H. Dodge, Chancellor ; reversed. • McRae & Tompkins, Brundidge & Neelly, Vol T. Lindsey, D, G. Beaucha ,mp and Miles & Antsler, for. appellants. • Carl E. Bailey, Attorney General, and Thomas ,Fitz-hugh, for appellee. BAKER, J. This suit was brought to test the validity of a certain part of act 194 of the Acts . of the General Assembly for the year, 1935, that part being a purpoi.ted appropriation of money' belonging to the Arkansas Game and Fish Commission. The pertinent part of said aet involved_ is §. 2, which provides : "During the fiscal year ending June 30, 1936, there shall be transferred from the Game Protection Fund the sum of Five . Thousand Dollars ($5,000) and the State Treasurer is hereby .directed to effectuate such transfer, notifying the Secretary of the State Game and Fish Commission at the time the entry is made, and the sum of eleven thousand three hundred fifty dollars ($11,350) shall be transferred from a General Revenue Special Fund which it is contemplated will
ARK.] Anx. GAME '& FISH COM. V. PAGE, TREAS. 733 be hereafter created.. For the -fiscal year *ending June 30,.1937, .there r shall bntransferred from' the- Game Protection Fund the sum Of four thousand dollars ($4,000), and from a General Revenue Special Fund, to be herei Ufter created, the sum of-ten 'thousand six hundred fifty dollars ' (00,650)." By reading the : caption' or title of . the act, which is styled , "An ACt tO . Make Appropriation for the 'Maintenance' and Operation of' . the State Park COmmission," and by reading '§ 5 of said' act, it may be surmised that the Moneys from the game protection fund might , be expended by 'the - State Park Commission in*the or develotIment Of some park area upon' approval by the Governor of the expenditure, and moreover. § 6 of the act, the emergenCy provision,' • is to the effect that the Federal 'Government is now carrying on an extensive park develoPment program iii the State, thereby furnish:- ing employment for . a 'great many citizens of the State, and accelerating business' to' an appreciable extent, and offering the State un unusual opportunity of having its recreational sites developed 'without cost to the State; except providing •the neeessarY sites and guaranteeing the proper administration of such areas when the development is completed.' . From 'the foregoing copied and stated portions -of aet •194,. Acts 1935, the State Park Commission makes claim to $5,000 of money to . the credit of the ArkanSas Game. and Fish Commission for 'the year of 1936, and if successful in" this claim Will, of' course, claim the addi-_tional $4,000 for 1937 ; provided for therein . _ Dr. W. F. Sinith, who is also one of the appellants, sues Us a taxpayer to enjoin 'the Treasurer of the 'State from a transfer of this $5,000 from the -Arkansas Game and -Fish Commission's account, designated as . the Game ProtectiOn Fund,". act 160 of Acts of 1927. The Arkansas Game and Fi g h Commission . and Dr. W. F. Smith -alleged that the Treasurer will, unless enjoined; make transfer of these funds from the account of the Arkansas Game and Fish 'Commission; that such transfer would be wrongful and illegal for several reasons. The principal reason urged is 'that, the part of the act
'734 ARK. GAME "SL FISH. COM . v. 'PAGE, TREAS. [192 making the ;appropriation is void by. reason..of .its in, definiteness.. and ,uncertainty. It is :also urged that . , a transfer. of the money:belonging to. the Arkansas Game and Fish 'Commission, if. appropriated to the use. of ,the State,.Park Commission, : ,would be A diversion. of the funds and in violation of § 11 of article .16 of . the Con, stitution, and .further it is . said that if . the fnnd be. transferred• "by the, Treasurer. to the: State :Park ', Commis-siom's account that the. State .Park Commission still cannot make use of •the.fund .unless the use thereof is first approved •by the Governor ,of .the State,- and that, therefore; the. , appropriation; is- conditional, and incomplete until . the. use . or . the expenditure . of the said , fund be approved by the ,Governor. , In stating this last proposition, it ,is .further urged that since the money cannot.be used, except ,by:and.with consent. of the . Governor that . . the . Legislative .Depart-, merit. . has, .without warrant therefor,, delegated. to, the chief executive a function or duty, purely legislative., • ;The •view we, have of this' controversy . is such that, it becomes Unnecessary, we :think,' -to discuss : all, these .sev-erat 'matters or causes however meritorions-they. may appear. .• • : • • . , • • • It is not often that Legislative bodies fall into•.the error Of enadting -a bill or a statute'so, indefinite,. vague, or: uncertain: as to be invalid. * Where-there is no rule .o guide-to be foHowed as a measure of accuraey or coin-ip leteneSs in drafting a legislative enactment : the:task. is Ordinarily; not so difficult as'i.t is.when -certain requisites must be met. . . • • • , ••• . The ;State, however, ,by its organic law : ,has =made certain, previsions in relAtion, to. the 'collection and disbursements of',public revenue, 'and . however simple , it might;:otherwise . seem, ordinarily, : one who• undertakes to : draft-an : act affecting taxation or public fund§ deriVed therefrom: should. have 'some definite .knowledge of the requirements : of: the Constitution of this 'State,. and Must follow these,requirements.,. ' " , :Section •of .artiele 5 of the Constitution -of this State is aS follows : . "Noinoney shall be drawn from the treastiry- except in, pursuance. of specific appropriation
ARK:I ARK: GAME & FISH COM. v. PAGE, TREAS. .735 made by law, the purpose 'Of-which shall he distinctly stated in the ibill; . and the maximum amonnt.which: may be' draWn shall' be specified . in 'dollars, and centh . ; and, no appropriations shall be 'for . .a longer, period than two years." . . • :•.; However apparently simple, direct and understand, able the foregoing provision of our Constitution may appear to the:reader, it is . .certain that § 2 of. act' 194 of :the Acts , ,of 1935, which.is . the , controverted portion of..the act under :discussion,: meets.and .complies .with .said,'.§ 29 ,only . in one particular; and . that is, it fixes .definite:,or certain-amonntsr.which-may;be transferred- from,the ac- - count of the-Arkansas Game and: Fish ,Cominission; $5,- coa. for the year. 1936; $4,000 for. the year 1937.. does not distinctly . state in : the bill the purpose. of-the transfer of this money. : ' , If it be Urged that the:bill is sufficiently' definite and 'certain, when . taken altogether to' chtermine :that the . State : Park Commission . should be the benefi6ary . of; the transfer by reading theHcaption or title. of the . bill, and 'by reading §§ -5 and 6, the:purpose of the transfer is : liot 8tated. in 'fact, § '4 : of .. the bilF is ta the. effect that if the CoMmission .shall determine that any. item . or portiOn thereof : appropriated herein, for:.a specific purpose is met needed , for. Such: purpose i . it May certify 'Such fact to : the State . Comptroller and:Governor, 'and . ..the , Governor may : , at . his discretion, cause tran:sfet to, be made from one iteth te another. :We. find 'in the face' of :the . bill such uncertainty; such vagueness that if this tranSfer he treated as an:appropriation that some comthiSsion, :either •the: ;Arkansas :Game and Fish : Comthission, or the:State Park :Commis, 'sion, should determine..some portion 'of the money is not :needed . for a particular item' it (one. of.' the -commissions) may present :the . problem : to the State Comptroller and:to the : Governor, and : the Governor may cause tran.s.- •fer to be made from:one .item :to . another, , g upplying the purpose unstated in the act. . • : • • ' .. Section 5 of . the: aet is. to . the effect: that, before any moneys fr6m the Gaine. Protection. Fund are: expended in.:the acquisition or development of' any Park area the GoVernor 'shall approve . the . expenditure. But so far: a.s
736 Au:K. GAME & FISH COM. v. PAGE, TREAS.- [192 the act is concerned if the Money were transferred from the aCCount of the Arkansas Game and Fish Commis-- sion to the account of the State Park Commission, the State Park Commission may use the money in further acquisition and development of a park area, or for any other purpose. . This statement is not made with the idea that the 'State Park Commission might or should make any improper use of the fund. • The whole- course of conduet of the State Park Commission has -been such as to refute any such conclusion. Its work.has been one of growth, • of development, 'of acquiring more material value for the State than . has ever been accomplished in the history of the State by any other similar organization.- Only a •few years ago, it started having a' sincere and honest enthusiasm to establish, .build and maintain parks for the people of the State as its sole asset' and,without cost to the State by any special system, of taxation, park values now amount- to more than a million dollars. The park areas of the State are , monuments tO the great. industry, integrity and public spirit of the commissioners. But that is not the 'question we haVe -before us. The public policy of the State is defined by its Constitution, and because of the fact that the Constitution says that the'purpose of the appropriation shall be distinctly .stated in. the bill we cannot permitieven honesty, integrity,-good intentions, progressive' enthusiasm or even successful operation -Co take the place of an essential or material part of. the appropriation bill. The State Park Commission pleads : "If $5,000 is transferred as herein prayed, the' Park ComMission will use it, if permitted. by the Governor, to acquire additional areas for fish .and game refuges at all State parks, and to aid in completion- of the Lonoke Fish Hatchery, thus helping not ()ply the game and fish, but also- the human beings' in Arkansas. If it ifs not -transferred, it will help only the game and fish." . . The foregoing statement 'taken from the intervention oi answer of the State 'Park Commissioh may be taken as a pledge for the proper use of the money, but it also amounts to an admission or confession of a failure
'ARK.] 737 on the part of the attempted appropriation to state a specific purpose , or general purpose of the appropriation. . The constitutional . provision applicable requires no interpretation; no form of • elucidation cOuld state ,the rule• more Clearly;or forceably,. , , , . It: only remains to deterrnine if . the salient pro'Visions ., are directory ,or 'mandatory. PiCkinson, ,State Auditor, v . ..JAnson, 117 Ark. 582, 176 S. W. 116; Dickin-sdn, State- AUditor, v. Edmonson, 120 Ark. ' 80; 178. S. W. 930. • • ' • • . ' • Peculiar . ly . appliCable to 'the' instant caSe' is the an- nOuncenient Dickinsbli, 'State s Auditor, 125 'Ark. 101; 187 S. W: 909. , . • • •'All Moneys •niust• be specifically approPriated and Specifically applied.' ." Lund v. Dickinson, State Auditor, 126 Ark. 243; 190'S. W. • 428.. TheSe . previsions. of the Constitution are' Mandatory and must be' enforced. WithOut going into a discussion of the other matterS or, reasons; We' think this transfer must 'fait beeause it is' ndt in . cOnipliance with the' requirements 'of that PrOViSion of the ConStitution abeve quoted. ' The deciee' of 'the chancery' conrt is, therefore, 'reverSed, 'the interVention dismissed; and , the mirpOrted aPp . ro . priation held invalid.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.