The representative. [volume] (St. Paul, Minn.) 1893-1901, 1897-08-11

An annual tax to defray ordinary eX
penses, and deficiency tax when not
sufficient is the constitutional power to
tax and expend the peoples money; and
| the most vital and public question of
| the day is, whether or not the legisla-
| ture is limited to ordinary expenses"
| In It's power to tax and expend the peo-
pies money. The constitution in plain
language asserts that the taxing and
appropriating power of the legislature
is limited ito defray ordinary expenses"
and the Minnesota courts announce stat
the constitution does not mean what i;
says. If the plain terms Of the consti-
tuition had always been followed, or if
the question now raised had been set
tied years ago, millions of dollars would
nave been saved to the people, and If
settled now or in the near future, mil
lions will hereafter be saved, because.
any mercenary scheme for the apprO-
priatiOn of the peoples money, always
finds Judgement in the legislature, ii
| the lobby is strong enough to pusl, it,
And the time has now come for the
people to compel the legislature and the
| courts to obey the constitutional rule,
which Is IAN annual tax for ordinary
expenses only"
The whole question is, what did the
people mean. when in the constitution,
| they empowered the legislature to levy
an annual tax Ito defray ordinary ex-
penses?" Did they mean that the word
ordinary" limits the power to tax and
expend the peoples money, or was the
word merely used to designate a class
| Of expenses? In other words, is the
word "Ordinary" limitation or desig-
nation? If it is limitation. then the
| legislature cannot tax or eXpend but for
designation; or in other words, the rule
expend for any kind of an expense
| The debates in the constitutional con-
ventiOn, the cotemparaneous construc-
ton and the decisions of other courts,
prove that it is a limitation, while the
| Minnesota courts decide that it is
designation; or in other words, the rule
of the constitution is an annual tax for
ordinary expenses exclusively and the
rule of the Minnesota courts is, an an
nual tax for ordinary and any other
expense; that is, an annual tax for any
expense. 1t is provable by impregnabe
logic that the power to tax and expend
is limited to "Ordinary expenses" and
it is The duty of the people to make
this rule of limitation political issue
| in the next election.
The constitution, article nine, section
2 provides: THE legislature shall
provide for an annual tax sufficient to
| defray the estimated ordinary expenses
of the state for each year; and when
ever it shall happen that such ordinary
expenses of the state for any year, shall
exceed the income of the state for such
year, the legislature shall provide fol-
levying tax for the ensuing year,
sufficient with other sources of income,
to pay the deficiency of the preceding
year, together with the estimated eX-
pense of such ensuing year" Sections
5, 6, and provide for the purpose
of defraying extraordinary expenditures,
the state may contract public debts,
! but such debts shall never in the aggra-
! gate exceed TWO hundred and fifty thou
sand dollars, authorized by law for
! some single object and levy a tax an
nually to pay the annual interest and a
| tax to pay the principal within ten
years; and except as thus provided The
state shall never contract any public
debt, but in time of war, to repel in
vasion or suppress instruction.
The constitution thus provides for
ordinary and extraordinary expenses
and for ordinary and extraordinary
taxes which covers all kinds of oX-
penses and all kinds of taxes The
ordinary taxes and expenses are pro-
yided for by section two and the extra
ordinary taxes and expenses by the
subsequent sections which are confined
to public debts as provided in those
sections. All taxes and expenses not
within the purview of public debts,
|
! by section two, the msconstructiOn Of
| which has caused more waste, jObbery
and injury than can be estimated. That
section commands % The legislature
shall provide the tax" (2) The tax
shall be annual" 60 The tax shall
be sufficient" according to the esti-
mate, not more than sufficient but suf-
f1cient to meet the estimated ordinary
expenses of the state for each year.
(4 The tax shall defray the ordinary
expenses of the state for each year,
not every expense, but the "Ordinary
expenses 60 If the ordinary expenses
for any year exceed the income for such
year, deficiency tax shall be levied
the ensuing year to pay the deficiency
of the preceding year. 1t is an annual
tax for annual ordinary expenses eX-
| cusively. The words shall provide
is mandatory, covers the whole section
and commands that it shall be an an.
nual tax which with other sources of
income shall be sufficient and shall
defray the ordinary expenses. The tax
is limited to an amount sufficient TO
defray the ordinary expenses, no more
and no less, because the power to tax
Sufficient" to pay the ordinary expen-
| nrnhjhitc 70 for mn for. los,