Rensselaer Republican, Volume 21, Number 35, Rensselaer, Jasper County, 2 May 1889 — SUSTAINED BY THE COURT [ARTICLE]

SUSTAINED BY THE COURT

The Temporary Lovn Aet Held te be Con■Utntional. The last of the constitutional cases which have been recently brought before the Supreme Court was disposed of Friday in an opinion reversing the decision of Howland and holding that the act authorizing the temporary hnm of (1,400,000 is unconstitutional. The opinion of the court was written by Judge Mitchell, all the Judges concur ing. It is not unnaually long, but it is so much involved that it is inseparable. The consutation over the opinion lasted until a short time before the cases were handed down.to the Clerk this afternoon at 2 o’clock. The opinion denier the power loHb» Legislature to borrow money for any purpose other than to supply a casual deficit or for some of the other purposes specifically enumerated, and'also denies that the Legislature has any general power to incur a debt on behalf of the State. A casual d. ficit is held to be one not designedly, created, and it ia said in substance that the Legislature can not purposely create a deficit an<i borrow money to supply a deficiency so created. It'further beid that tbe court is bound to presume that the Legislature, acting upon ths information communicated to it by tbe Governor and the Auditor of State, correctly t decided that there was a casual deficit within the meaning of ths constitution.