The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-09

Il nA AtfN ~ NM \ EE.LW
nuas derived from their wHtcr supply 'to
tbs payment Of the asbt.'
AL obligations OF the TERRITORY ~ Mon
taAa, ~sxistinu in force and unpaid at the
union are hsreby assumed BY the state,
which shall md will we'll and truly pay the
same" Art. 20, sec. Il.
The words debt. indebtedness. obliga-
tions aud liabilities arc repeatedly applied
10 various subjects which sustain no rela-
ton to the sections concerning ''the public
debit
Similar constitutions provisions concern
ing the indebtedness OF counties have been
axhaustivsly Investigated, md " has been
what existed in the shape OF bonds. Peo.
Pile '. May . Col, 80 and 40i. City Y: Stew
art, 81 Iowa. 1856. Law '. People, 81 III,
$50. Appeal of Erie, 81 Pa, st. 39S. In
people Y. May, supra, page 20, the court
by Mr.. Justice Ebert said: ITO say that
tie framsrs Of the constitution saw no'dan-
ger save in bonds indebtedness 10 to credit
them with q very limited statesManshlp,
and to say that they trusted to wisdom
and discretion a. restraints ~ to lmputa
to them y very sanRulne smansh
Nor are We to suppose that they
dealt with the important question
of public indebtedness other than in y
practical manner; that they made an IN
substantial distinction and limited the
form. and not the amount OF lndebtsdneas
1 Il III kNN8pV6AAAVa0 - ~
The mischief would be the same n the
burden the game, whether the debt was by
loan,' evidenced by bonds, or a floating
debt evidenced by warrAnts.' IN appea! OF
Erie. supra, the court construed the section
Of the constitution which provided that
s'the debt Of any county shall never ex-
coed seven por centum upon the assessed
value of the property therein" and said,
IA debt means a liked and certain obliga-
ton to pay money or some other valuable
a a. les AhA 81 ~o ~
the future. 1t is idle to urge that the re-
striction includes only the bonded indebt-
edness, for such is neither the constitu-
tional letter nor spirit. A floating debt
usually ends in q bonded debt, and the
former is Just e oblieato5y as ne latter"
Blake county, "a Fed. Rep. $40. that county
warrants which had bean issued in pay
nent of the fees of witnesses. Jurors. con-
stables and sheritfs. after the constitutional
limit of its indebtedness had been reached,
were not within the prohibitions, and thers-
BY overruled in part, People vs.. May.
supra. This Judgment was reversed by the
supreme court OF the United States, $50
u. s., 662. MIR. Justice Lamar for the court
said: Neither can We assent to the posl-
ton to the court below. that there is, as to
this case, u difference between the lndebt-
sdness incurred by contracts of the county
and that form Of debt denominated COM
pulsory obligations The compulsion was
imposed by the legislature of the state, even
il it can BE- said correctly that the colnpul-
sion was to incur debt; and the legislature
could no more impose it than the county
could voluntarily assume it, as against the
disability of a constitutional prohibition"
The same doctrine is inforced regard
ing the obligations Of cities and
to MS. The courts said in Council
Bluffs Va. Stewart. 81 lowe 1883:
When n warrant is drawn upon the treas
prer, il the money is in the hands of the
treasurer to pay it, the reasonable expeota-
ton is that it will be presented and paid.
By such act no debt, as contemplated in
the constitution, is incurred. II, however.
Il debt is incurred" see also Salem w. Go.
vs.. Salem, 5 Or. 20.
Blackstone says: whatever therefore.
the laws order any one to pay, that becomes
instantly q debt which he hath beforehand
contracted to discharge" vol.3. r. $50. This
3 Met, 526, by Mr.. Justice Hubbard. who
said: "The word debt is of large import,
Including not only debts of record, or
judgments, and debts by speciality, but also
obligations arising under simple contract,
to a very wide extent: and in its populas
sense includes all that is due to q man I'M
der any form of Obligation or promise"
In People vs.. Johnson, 6 CAL, 499, Chief
Justice Murray said: "A debt or liability may !
be created in other ways than by the borrow.
ing of money; it may be created By appro-
priation, where there IS no money to meet
it: IL may be created by drawing on Il fund
where there is no cash in the treasury or
incoming revenue to satisfy such drafts"
Ddmsmoor We. Finslenfeldt, So CAL. 522.
When our constitution is considered as a
whole and authorities are Analysed, the
term public debit canno5 be confined to
what Is evidenced by one form of indebted
ness or liability, but embraces warrants as
we'll as bonds.
There is no language which indicates that
the trainers of this instrument had any
other intention. Whenever there is u pub
lie debt it is not necessary for
the legislative assembly to make a sre-
cihc appropriation to authorize the payment
of any interest thereon. The law which
creates the debt of ths state by means of q
loan must provide for the levy of a tax to
pay the intereststhereon. Art. l3, sec. 2.
This section is silent upon the subject of
an appropriation by the Legislative assem-
bly, for tho payment Of interest. When a
public debt has been brought into being
through an unpaid warrant the statute
supra fixes the rate of interest and points
out the steps which are required to secure
it. The constitution docs not directly or
indirectly modify the force of these laws.
The rule that repsals by implications ia
not favored, is applicable when the repuR-
nancy is alleged to exist between The pro-
visions of a constitution and Il statute.
Ohio VS.. Dudley, I. 0. st. 437. We are COM
| PEELED by the rules of constitutional
construction to hold that this legis-
lation Of the territory regulating the
payment of warrants upon this treasury has
not been interrupted by the formation of
the state government. The interest which
has been prescribed by law is an INSOFAR
able part of liabilities or obligations which
is evidenced by the warrant.
The constitution declares that the gov
ernor. secretary of state and attorney gen
eral ''shall constitute q board of examiners
with power to examine all claims against
the state, except salaries or compensation
Of officers fixed by law, and perform such
other duties as may be prescribed by law.
And no claims against the state except for
salaries and compensation of officers fixed
by law shall be passed upon by
tbs legislative assembly without
and acted upon by said board" Art. Z,
Sec. 20. BY virtue of this authority, an act
prescribing it's duties was approved Febru.
AIRY 18th, 1891, State Sts., second $685.. 1873.
This claim of the Journal Publishing COM
pany was first considered and acted upon
by the board; it was then passed upon by
tho legislative assembly, and an appropri-
alton was made for its payments: after
wards it WAS approved by the board and
transmitted to the office of the state audi
tor, who has drawn his warrant for tho
proper anouE The jurisdiction of the
state board OF examiners of this claim was
exercised completely under the law. The
obligation to pay interest upon the princi-
pal sum mentioned in q warrant arises Ey