494 BOARD OF AGRICULTURE. [Pub. Doc. 



Commonwealth cannot be paid without a special appropriation 

 therefor. (Pub. Sts., c. 195, § 4.) 



It is, moreover, expressly provided by Pub. Sts., c. 16, § 37, 

 that: " No public officer shall make purchases or incur liabilities 

 in the name of the Commonwealth for a larger amount than that 

 which has been appropriated by law for the service or object for 

 which such purchases have been made or liabilities incurred ; and 

 the Commonwealth shall be subject to no responsibility for the 

 acts of its servants and officers beyond the several amounts duly 

 appropriated by law." 



The Legislature having deliberately and repeatedly refused to 

 make further appropriation for the conduct of the business of 

 your commission, you are thereby relieved from the performance 

 of such of the statutory duties devolved upon you which involve 

 the incurring of liability to be paid by the Commonwealth. By 

 the positive provisions of the statute above quoted, you have no 

 right to do any acts whatsoever which call for the expenditure of 

 the money of the Commonwealth. The general statutes appli- 

 cable to your commission imposing duties upon your Board are to 

 be construed in connection with and are limited by the statute I 

 have quoted. For example, it is made your duty to cause horses 

 afflicted with glanders to be killed. In so far as this duty may 

 require the expenditure of money, you have no right, in view of 

 the action of the Legislature, to perform it; and the failure 

 of the Legislature to furnish money for the purpose is to be 

 regarded by you as abrogating any duty imposed upon you in 

 that respect. Although by general laws you have been made the 

 agents of the Commonwealth to do certain acts, your agency has 

 been by implication revoked by the failure of the Legislature to 

 furnish you with money for that purpose. 



The foregoing considerations apply to such portion of your 

 duties as involve the expenditure of money. The failure, how- 

 ever, to make an appropriation does not repeal the law estab- 

 lishing your Board and its duties, except as hereinbefore stated, 

 nor that which fixes your compensation. You are still sworn 

 officers of the Commonwealth, duly constituted, charged with 

 the performance of the duties thereof, so far as the same can 

 be performed without the expenditure of money or the incurring 

 of liability on behalf of the Commonwealth, and entitled to the 

 compensation fixed by law for your services. No appropria- 

 tion having been made you cannot at present receive your salary. 

 Your claim, like all other claims against the Commonwealth, 

 depends for its payment upon legislative appropriation, and you 

 have no other security that it will be paid than your reliance upon 



