Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1889-03-01
STATE INDEBTEDNESS.


State hNpEBEEDNES ESS.
tToledo Commercially
The trainers of onr present constitution
In Section / and 2 OF Article 8 limited the
power Of the State in the matter OF con-
tracting debts 10 the sum OF seven hun
dred and fifty thousand dollars, except IN
cases where IL might lie necessary TO con
tract debts TO rcrcl INVASION suppress in
surrcction, defend the State in war, or TO
redeem the then outstanding Indebtedness.
We have always thought this very
wise provision.
Whilst cities, towns md counties are
running headlong into dcbt and our peo-
pie anxious to encourage and foster every
scheme that they think will enhance
private property, thi4 salulary limitation
on the power Of the State keeps the credit
uf Ohiu gilt edged IN the financial mar
kets Of the country. We caunot mortgage
the State OF Ohio. We are limited 10 the
sum named in making State deb,s, except
Tor the extraordinary exceptions made III
section 2, when the power to provide
means for public safety should, OF courses
be unlimited.
The public debt OF the State OF Ohio
has, at tins time, reached the Limitation
provided for in our State constitution and
inasmuch rs the Legislature cannot repeal
the constitution of the State, all laws
which may provide for State debts ought
to be passed with this provision OF the
constitution in the mind OF the legislator.
No contract ought to be authorized or
provided for in any law that cannot be
fulfilled and carried out without violating
this provision OF the constitution.
1t is unfair to the State TO authorize the
making OF a contract wherein payment of
State Indebtedness cannot be strictly full
filed. Ii is unjnst to those who may con-
tract with the State to provide by law for
the making Of contracts wherein the State
wonld be powerless TO fulfill its obligation.
The pending school book bills IN the
Legislature provide for the purchase of or
printing of a series OF school books to be
used in ali the schools OF Ohio. II either
of these bills should pass, authority would
be given the State to contract for printing
and binding books that would be necessary
for over seven hundred thousand pupils.
What IL would cost to do tins we are un-
able to say, but it is estimated by good
judges that such contract would not be
entered into short OF ofnearly half a million
dollars. The moment such a contract
would be made it would be creating debt
ior the State TO pay. The moment the
books were printed. bound and delivered
| to the State school commissioner the re-
lation OF debtor and creditor would then
subsist. The State would be the debtor
and the person or persons who did the
work the creditors. 1t does not matter
that the books may be sold and the money
afterwards replaced in the treasury. They
might all be burned up and no sale ever
made. But even il they were sold and de-
livered it does not affect the constitutions
prohibition as to the amount of public
debt. So, then, II Is question for OH,
legislators 10 consider the amount Of tn,
present outstanding Indebtedness Of III,
State of Ohio, together with the accrued
interest, and further consider what, in al
probability, will be our condition us to tn,
public debt next year when these hill
provide that u contract for these books
shall I've made. And also further conside
the probable aggregate cost thereof for
supply necessary ior two years or more
And further consider as TO whether or no
this Indebtedness can be created in addi
ton to the public debt now outstandin,
against our State. ii the Legislature
not certain upon this point it would be I'M
wise to authorize an expenditure Of none.
IN the preparation of books and the ap
pointment of commission TO prepar
them and all the Preliminary work neces
cary, which after il is done, wonld leav
the State in situation powerless TO max
any contracts for printing or binding. n,
matter what the State proposes to do will
the property provided for; whether TO
free distribution or sale to the citizens o
our State, the State must make the con
tract ioI printing and binding, and becom
fully responsible for the payment thereof
and the aggregate cost Of the whole viii
become debt just as soon az the book
may he prepared und delivered.
But this constitutional provision goes
step farther. 1t only authorizes the con
tracing Of debts 10 the amount named, e
that IL in a contract TO purchase books o
to print and bind books for the schoO
children Of Ohio, the amount provide
therein together with the present indebted
ness of the state should exceed seven hun
dred and fifty thousand dollars, the con
tract would be invalid. The State coul
neither enforce its contract IA against til
publishers or binders, nor could they en-
force their contract ss ngainst the STATE
When private individual or firm enter
into business il ia well 10 look ahead III
see the probable resnlt OF their veninr
' So, when n state undertakes TO enter int
q a business, il is well tor those who seek
launch out Into this new function Of GOV
' ernmenl to look well TO the power Of ii
= State TO do what is proposed and see
= there he any limitation of its power, M
@ ifso, what effect The restriction or lmits
iion may have upon the rights or respor
q sibilities of either of the contracti'
parties.
u To the Citizens OF Perrysburg.