Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-02-21
Toward Making the Great
Event a Success.
Attorney General Sheets Renders a
Surprising Opinion.
Special Corrcspondcnce.)

lSpeCiul COTTcsllOuucHcS'J
Columbus, Feb. 21.-Things lool5
black for the Ohio Centennial. Attor-
ney General Sheets has rendered an
opinion to the effect that the General
Assembly aas 10 authority to pass
law authorizing the sinking fund coiu
mission to issue certificates OF indebt-
adness, for which provision to the
amount OF $500, 900 is made for ccnten-
uial purposes in the Griffin bill now
before the House. The bill calls for
the direct appropriation of S500,00o,
and the authorizing OF certificates OF
indebtedness in the same sum. The
opinion which was framed Oh Jan. 20,
has been carefully kept secret and its
contents did not become known until
today, addressed to state official.
1t is as follows:
II have examined into the question
to some extent as to whether the Leg
islature had the constitutional power
to contract debt for the purposes OF
aiding the Ohio Centennial to be held
ut Toledo, o., in the year 1903.
"Article 6, section / Of tn econstitu-
tion provides:
"Sectiou 1.-The state. may contract
debts to supply casual deficits or fail
| ures in revenues, or to meet expenses
| not otherwise provided for; but the ag-
gregatc amount of such debts, deficit
and contingent, whether contracted by
virtue of one or more acts of the Gen
eral Assembly, or at different periods
OF time, shall never exceed $I5O,00O;
and the money arising from the crea-
| ton of such debts, shall be applied to
the purpose for which it was obtained,
or to ropay the debts so contracted, and
to no other purpose whatever.
'Scction III of the same article pro
vides:
"Sec. II.-In addition to the above
limited power, the state may contrac,
debts to repcl invasion, suppress in
surrection, defend the state In war, oi
to redeem the present outstanding in
debtedness of the state; but the money
arising from the contracting of suct
debts, shall be applied to the purpose
for which it was raised, or to repay
such debts, and to no other purpose
whatever; and all debts incurred t.
redeem the present outstanding indebt
edness of the state, shall be so con
tracted ms to be payable by the sink
ing fund, hereinafter provided for, al
the same shall accumulate.
"Section Ill of the same article pro
vldes:
Sec. III-Exccpt the debts above
specified in section | and . of this az
, ticle, no debts whatever shall he Great
ed by or Oh behalf of the state.
"rhcse three sections are .ho control
ling sections with reference to the pow
er of the Legislature TO contract debts
II the Legislature has any power t,
create debt for the purposes named
1t Is derived from the following clause
of section one: Or to meet expense
not otherwise provided for
"Without going into detailed dis
cussion of the question or provision
of the constitution, ii is clear to m,
mind that the word expenses used il
J the clause just referred to, compre
hends only the constitutional obliga
tion Inherent in the government an
inscpaIable fro mthe operations of tn
government. The whole tenor OF til
Q constitution contcmplates that ono Leg
islature shall not create debt TO
turned over ms n legacy to its succei
sors. The power to create debts wa
: deliberately discussed by Judge Swa
7, in the case OF Ohio vs. Medbery ct a
t o. S., 522, and following:
{ In commenting upon section l, a
h tlcle 8, Judge Swan enumerates tt
5. circumstances under which the legisl'
e ton may contract deS,. quote froi
II page 533:
u "First-'When there is casual def
It or failure IN the revenue, and Sc
le ondly: When through some cause Il
a reyenGe provided is not sufficient
meet She expenses that the state ca
10 contract any debt; for as an exceptit
To the sweeping prohibition against Il