$4,000.00 appropriated for the year ending August 31, 1910, which may be used during the two years.

The following items on pages 36 and 37 of the bill are objected to and disapproved, as such appropriations from the general revenue are prohibited by the Constitution of this State, viz.:

"One dormitory, complete and equipped, to be known as 'Willacy Hall,' $60,000.00."

"To build five cottages for professors, to be expended in two years, $10,000.00."

"Chemical department, addition to building, $500.00."

"For installing a central heating plant, $15,000.00 for the year ending August 31, 1910," and "$10,000.00 for the year ending August 31, 1911." (Pp. 483 and 484.)

Section 13 of Article 7 of the Constitution of this State provides that "The Agricultural and Mechanical College of Texas, established by an Act of the Legislature passed April 17, 1871, located in the county of Brazos, is hereby made and constituted a branch of the University of Texas, for instruction in agriculture and mechanical arts and the natural sciences connected therewith. And the Legislature shall, at its next Session, make an appropriation not to exceed $40,000.00 for the construction and completion of the buildings and improvements, and for providing the furniture necessary to put said college in immediate and successful operation." And Section 14 of said Article 7 of the Constitution provides "that no tax shall be levied and no money appropriated out of the general revenue for the establishment and erection of the buildings of the University of Texas." Therefore, it is clear that this limitation upon the powers of the Legislature to levy taxes and to appropriate money out of the general revenue applies to the Agricultural and Mechanical College of Texas, as it is made. and constituted a part of and a branch of the University of Texas.

* ** *

PRAIRIE VIEW NORMAL.

On page 38 of the bill: "Scholarships, one student to be appointed by each Senator and Representative, $8,750.00 for the year ending August 31, 1910," and "$8,750.00 for the year ending August 31, 1911," are objected to and vetoed, as the appropriation of these items for the purpose named is contrary to and clearly forbidden by the limitations of legislative power defined by the Constitution of this State.

Item of "To erect two new cottages for teachers, $1,500.00," on page 38 of the bill, is objected to and vetoed.

Item of "To erect and equip one dormitory complete, $20,000.00," on page 39 of the bill, is objected to and vetoed. (P. 485.)

GIRLS' INDUSTRIAL SCHOOL.

On page 40 of the bill: Item of "Inside improvements and repairs; toilet latrines, additions to radiators, plumbing, lunch counter, closets and shelving, $1,000.00 for the year ending August 31, 1911," is objected to and disapproved as the appropriation for this purpose for the

year ending August 31, 1910, is believed to be sufficient to meet the necessities in this respect for both years.

On page 40 of the bill: Item of "To erect and equip an additional wing to the main college building (complete), $50,000.00," is objected to, as the present college building is ample for present requirements.

On page 41 of the bill: Item of "Repairs, for buildings only, $2,000.00 for the year ending August 31, 1911," is objected to and vetoed. The appropriation of $2,000.00 for repairs for buildings listed for the year ending August 31, 1910, is sufficient to cover all needs. for this purpose during both years.

On page 41 of the bill: Item of "Contingent expenses, $750.00 for the year ending August 31, 1911," is objected to and vetoed, as the item of $750.00 appropriated for this purpose for the year ending August 31, 1910, is believed to be sufficient to meet the probable necessary contingent expenses for two years. (Pp. 486 and 487.)

STATE NORMAL INSTITUTES AND NORMAL SCHOOLS.

Items of "Scholarships, $17,500.00 for the year ending August 31, 1910," and "$17,500.00 for the year ending August 31, 1911," on page 41 of the bill, for Sam Houston Normal Institute, are objected to and vetoed.

On page 42 of the bill: Items of "Scholarships, $17,500.00 for the year ending August 31, 1910," and "$17,500.00 for the year ending August 31, 1911," for the North Texas State Normal, are objected to and vetoed.

On page 43 of the bill: Items of "Scholarships, $17,500.00 for the year ending August 31, 1910," and "$17,500.00 for the year ending August 31, 1911," for the Southwest Texas Normal School, are objected to and vetoed.

On page 43 of the bill: Item of "Scholarships, $17,500.00 for the year ending August 31, 1911," for the West Texas Normal School, are objected to and vetoed. (Pp. 487-488-489.)

The extent of the power of the Legislature and the limitations thereon respecting the right to levy taxes or impose burdens upon the people are defined by Section 48 of Article 3 of the Constitution of this State, and the Legislature is by said Article of the Constitution limited in the exercise of such rights and powers respecting our public school system, as follows: "To the support of public schools in which shall be included colleges or universities established by the State." And Section 51 of said Article 3 of the Constitution provides further that "The Legislature shall have no power to make any grant of public money or authorize the making of any grant of any public money to any individual, association of individuals, municipalities, or other corporations whatsoever; provided, that this shall not be construed so as to prevent public aid in case of calamity." In the light of these provisions of the Constitution I am of the opinion that the Legislature is not only without authority, but is expressly prohibited from making appropriations from the general revenue for scholarships to the several Normal Schools, and for this reason alone, these appropriations for scholarships are by me disapproved.

BLIND INSTITUTE.

Item of "For adding second story to mattress building and erecting an east wing, including heating and wiring, thereby making a safe and adequate industrial building, $8,800.00," and item of "To remodel and equip the hospital, $2,500.00." Both of these items are for the year ending August 31, 1910, on page 59 of the bill, and are objected. to and vetoed, as these are improvements that should be postponed in the light of other improvements for which provision is made in this bill. (P. 501.)

DEAF AND DUMB INSTITUTE.

On page 62 of the bill: Item of "Salaries of two trained nurses with board, at $480.00 each, $960.00 for the year ending August 31, 1911," is objected to. The item of $960.00 appropriated for the year ending August 31, 1910, is sufficient for the employment of one trained nurse for the two years.

Item of "To build additional dormitories, complete, $17,000.00," and item of "To equip new dormitory and provide new toilets, $3,000.00, on page 63 of the bill, are objected to and vetoed. (Pp. 502-503-504.)

EPILEPTIC COLONY.

On page 65 of the bill: Item of "To build one new cottage complete and equipped, $15,000.00," is objected to and vetoed. The extensive improvements and buildings at this institution for the past two years and other expenditures for improvements on this behalf which are provided for in this bill for the next two years seem to be ample to meet the requirements for this institution for the two years covered by this bill. The development of our State institutions to that degree of adequacy and perfection so much desired should progress gradually, but too much should not be undertaken in any one year, lest the tax burdens fall too heavily upon the people at one time. (P. 505.)

STATE LUNATIC ASYLUM AT AUSTIN.

On page 68 of the bill: Item of "Wagons, hacks and harness, $150.00, for the year ending August 31, 1911," is objected to and vetoed, as the item of $450.00 appropriated for this purpose by this bill for the year ending August 31, 1910, is sufficient for two years.

On page 68 of the bill: Item of "To build new laundry, $8,300.00," and item of "For additional machinery for new laundry, $2,500.00," and item of "Converting present laundry into wards, $1,000," are objected to and vetoed as the present laundry is sufficient with some repairs to meet the present requirements of the institution.

On page 68 of the bill: Item of "Maintenance and support including dry goods and clothing, and to pay additional employees for the additional patients provided for, $6,000.00 for the year ending August 31, 1911," is objected to and vetoed. The increased appropriation made by this bill for maintenance and support of this institution for the two years is sufficient to cover all increased expenses incident to the care of addi

tional patients to be provided for by additional buildings and facilities to be constructed at this institution during the next two years. (Pp. 506507-508.)

SOUTHWESTERN INSANE ASYLUM.

On page 72 of the bill: Item of "To erect and equip east wing to present hospital, complete, and connecting passage, $15,000.00,” is objected to. This addition to the hospital, if necessary in the future, can well be postponed until the necessities of the institution require it.

On page 72 of the bill: Item of "To erect and equip a ward building for negro patients, complete, $20,000.00," is objected to and vetoed. There are no negro patients being cared for at this institution, and the erection and equipment of a separate department for negroes, as provided for by this appropriation, would be much more expensive on account of the new organization, etc., than would similar accommodations at one of the other institutions where negro patients are treated and cared for. In the veto of this item, it is the intention to allow a deficiency for additions to buildings already erected and equipped, and now provided with the necessary organization, at one of the other insane asylums. (P. 510.)

NORTH TEXAS HOSPITAL FOR THE INSANE.

On page 75 of the bill: Item of "General repairs and painting. $5,000.00 for the year ending August 31, 1911," is objected to and vetoed. The item of $10,000.00 for the first year is sufficient for this purpose for the two years.

On page 75 of the bill: Item of "Bridges, culverts and grounds, $1,500.00, for the year ending August 31, 1910," is objected to as un

necessary.

On page 75 of the bill: Item of "Pasteur Institute equipped, $5,000.00," is objected to and vetoed on account of the fact that a similar institute now established and equipped is sufficient to meet the present necessities.

On page 75 of the bill: jected to and vetoed.

Item of "Two pavilions, $3,600.00," is ob

On page 75 of the bill: Item of "To erect and equip two buildings (complete) for consumptive patients, $35,000.00," is objected to and vetoed, as the buildings provided for at the Austin and the San Antonio asylums will be sufficient to care for the consumptive patients in the several asylums.

On pages 75 and 76 of the bill: Item of "For maintenance and support, including dry goods and clothing, and to pay additional employees for the additional patients provided for, $3,000.00 for the year ending August 31, 1911," is objected to as unnecessary. (P. 512.)

MISCELLANEOUS ITEMS.

On page 88 of the bill: railway companies the gross

Item of $28,854.58 "To refund to various receipts tax paid by them to the Treasurer of the State of Texas under Chapter 141 of the Acts of the Twenty

ninth Legislature, which Act has been declared by the courts to be unconstitutional (said tax paid for the year 1905)" is objected to and vetoed. The refund to the railways of the gross receipts tax paid, which is alleged to have been improperly paid, should be subject to an adjustment of the differences between the State and the railways on account of their failure to pay to the State and counties the taxes due on their intangible assets for the year 1905. The State should refund the difference, if any, when ascertained, and a method should be provided for the ascertainment of such differences and the railways should be required to pay such taxes as may be due the counties for the year 1905. On page 89 of the bill: Item of "Texas Company, for balance due car load of fuel oil for the Deaf and Dumb Asylum, $99.84," is objected to and disapproved, as this amount is not due the Texas Company, according to information received from the State Purchasing Agent.

On pages 89 and 90 of the bill: Item of "Texas Company for fuel oil for State Lunatic Asylum, $174.77," is objected to and vetoed, as I am advised by the State Purchasing Agent that no oil has been bought from the Texas Company for the State Lunatic Asylum.

On page 90 of the bill: Item of "To refund the State portion of liquor licenses under Sections 7 and 16, Chapter CXXXVIII of the Acts of the Thirtieth Legislature, for the two years ending August 31, 1909, $2,500.00," is objected to and vetoed, for the reason that the deficiency appropriation bill passed at the Regular Session of the Thirtyfirst Legislature provided for the payment of all claims due upon this account.

On page 90 of the bill: Item "To pay the Higgins Oil and Fuel Company for three cars of oil furnished the State Lunatic Asylum, Austin, Texas, being cars Nos. 156, 160 and 170, $644.58," is objected to and vetoed. The State Purchasing Agent holds receipts showing that the amounts due for cars Nos. 156 and 170 have been paid, and that only $213.18, if anything, is due upon this claim.

On page 90 of the bill: Item of "To pay the Terrell Wholesale Grocery Company for supplies furnished the State Lunatic Asylum, $504.34," is objected to, as the office of the State Purchasing Agent contains no record of such a claim and the proper authorities of the State Lunatic Asylum have no knowledge of purchases upon which this claim is based. (P.-.)

On page 91 of the bill: "For the purchase of the two paintings "The Battle of San Jacinto' and 'Dawn at the Alamo,' painted by McArdle, to be purchased by the Governor at his discretion, $10,000.00," is objected to and vetoed.

On page 92 of the bill: Item of "Salary of Deputy Clerk Court of Criminal Appeals from June 14th to September 1, 1909, $416.66," is objected to and vetoed as there is no salary due or to become due on this account.

On page 93 of the bill: "To carry into effect House Concurrent Resolution No. 12, enacted at the Regular Session of the Thirty-first Legislature, providing for the preparation and presentation of the claim of the State of Texas against the United States for the protection of her frontier during the latter part of 1859 and the first part of 1860,