No. 4.] CATTLE COMMISSIONERS. 493 



whether to make a further appropriation or not. The House ways 

 and means committee reported a bill making a further appropria- 

 tion of $65,000 the end of April, which was defeated. As we 

 have but very little of the $20,000 left, if the members of the 

 commission sent in their bills for services that they have already 

 rendered, there would be a deficit now. 



I would like to know whether the commission should cease to 

 perform its duties and lock up its office altogether, or whether it 

 should remain organized, keep its office open here and do what it 

 can. I would be very much obliged for an early reply, as I wish 

 to see the Governor in relation to the matter Monday morning, 

 and ascertain his views on whether we shall attempt to keep our 

 work up or not. 



Very respectfully, Austin Peters, Chairman. 



The Attorney-General's reply was as follows : — 



Boston, July 2, 1898. 

 Austin Peters, Chairman. 



Dear Sir : — Your letter of the 25th ult. calls attention to the 

 fact that no appropriation for the expenses of your commission 

 has been made by the present Legislature, and requires the 

 opinion of the Attorney-General upon the question "whether, in 

 view of that fact, the commission should cease to perform its 

 duties and lock up its office altogether or whether it should 

 remain organized, keep its office open and do what it can." 



"With one or two exceptions, not necessary now to consider, no 

 money can be paid from the treasury of the Commonwealth to 

 any person whatsoever without a specific appropriation therefor 

 by the Legislature. The officers of government hold their posi- 

 tions in view of the general statutes relating thereto, which fix 

 their duties and establish their salaries. Such general laws, 

 however, do not of themselves authorize the payment of the 

 salaries so established, or of the incidental and necessary ex- 

 penses incurred in the discharge of the duties of such officers. 

 For these an appropriation must annually be made by the 

 Legislature. This principle extends throughout every depart- 

 ment of State government. It is in recognition of the funda- 

 mental principle that the amount of expenditure for govern- 

 mental purposes, and the consequent tax levy therefor, is, and in 

 a republican form of government necessarily must be, within the 

 immediate and direct control of the representatives of the people. 

 Even judgments of the courts in civil proceedings against the 



