Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-08-19
CAPITOL GROUNDS EXTENSION
MEASURE Unconstitutional

MEASURE
CONTINUED From Page A.
lions calling for the payment OF money
no matter what the name may be, col
lected by means of future levies upon
the property OF the tax payers Section
i've OF article seven of the constitu-
ton reads:
( except the debts hAreinbefore
specified in this article. no debt shall
be hereafter contracted by. or on be-
half OF this state unless such dept
shall be authorised by some law Tor
some single work or object. to be ais
linctly specified therein; and such
law shall impose ana provide for the
collection Of q direct annual tax, SUI
iicient to pay the interest on such
debt, az IL falls due and also to pay
and discharge the principal OF sucn
debt within twenty years from the
time ~ the contracting thereof; but
no such law shall take effect until az
4 general election IL shall have been
submitted to the people, and have re-
reiyed q majority OF all the votes cast
for an against IL at such election; and
III money raised by authority OF such
law shall be applied only to the spe-
cIf,c object therein stated, or to the
navmenf OF the debt created thereby;
Ana such law shall be published In q
iaas+ one newspaper In each county. II
one IL published therein. throughout
the state. for three months preceding
the election at which 1t Is suDmitted 70
the people"
section and placed on the Market, WI
be strictly in anticipation OF proceeos
from an ample continuing levy oI
leyies;~ for the law authorizing Inc
creation Of the obligations "snail I'm.
pose and provide for the codiectlon OF
direct annual tax. sufifcAent 70 pay.
the interest on such debt as II fails
due. and also to pay and discharge tne
principal Of such debt within twenty
years from the time OF the oontractlns
thereof" ~. -.
charge Of which ample provision -
made by a legislative levy, MADE con
currently with the authorization OF the
obligation and established to run TOT
a sufficient number OF years 70 tuny
discharge the obligation-an opiiga'
ton SO provided against, the conAtitu.
ton itself denominates. names ana
characterizes debt.
Take this statute. chapter "A, IN
question and closely and 0tlcally
compare it with this constitutional
section five: it will be found that bar.
rine it's lack of referendum clause, 1t
literally exactly and perfectly com
rorta with said section five. contain
mo neither more nor less In material
substantive matter than is required by
that~seetion. The purpose and plan OF
;the statute-the procuring OF large
sum OF money, largely In excess OF
s250 900 for immediate use, from per.
sons having money to loan on In
sfeteef. and to- be paid back with IN
sarest in annual payments running
through 4 series of years. and from
monies steadily coming in from CON.
iinuine levy. established beyond q
neradyenture-is exactly purpose
authorized by and plan prescribed
Nv said constitutional section five.
The essential thing lacking In the
.tatnte ia the referendum. The thought
i that an obligation for money ad-
vanced to the state on faith OF spe-
cial levy made and devoted to Its dis
charge il. by said constitutional sec
lion defined debt.
But differentiation may be claimed
nv the fact that the statute at bar,
chapter IA, in it's eighth section. pro-
vides that none Of tho warrants and
certfficates." nor any Of the interest
IN them, shall ever be paid from the
general revenues or funds of the state
r. out of any fund Or from tho pro
seeds of any tax other than funds
arising from the tar provided herein"
Ste. while no such provision Is con-
tanned in or required by the quoted
constitutional section five. 1t is true,
such a provision is not expressly con-
aimed in or required by said section
i've. But it is implied therein AT
least, the section is 20 framed ana
worded that such . provision added to
1t would be vainly superfuous Tor any
purpose; because under said quoted
section, "such law shall impose ana
provide for the collection OF direct
annual tax, sufficient TO pay the IN.
terest on such debt, as It falls due, and
also to pay and discharge the principal
Of such debt within twenty years from
the time Of contracting It; and all
money raised by authority OF such
law, shall be applied only to the spe-
cific object therein stated, or to the
payment Of the debt therein created. !"
How can q debt, that Is to be paid
and discharged from proceeds; ample
thereunto, and forbidden TO be used
for any other purpose. that will arise
from a certain special levy, ever be
paid from any other funds than those
that would arise from such certain
special levy. Payment from any other
fund or funds arising would be
gratuitous, for the funds arising from
the special levy would be suf-
ficient for full payment, and
could be applied to no other purpose
Section eight in the statute, in no
manner lightens or renders more easy
to bear, the burden the statute creates
than II said section had been entirely
omitted, the burden is the Same In
amount, dollar for dollar, and in the
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