Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-08-19

Wheat U. s.. 63. and many Other
cases.
The legal ground on which this
presumption is now supported Is tha'
long and continual usages force
contemporaneous construction which
must prevail over the mere technical
import of words.
Since the adoption of our cpnsti
tuition In 1857, at no time has the leg
islature passed a law authorizing the
mourning of debt or liability, unde'
the plan adopted in chapter IA, OF
any other plan, calling for the expen
diture-- OF moneys to be collected by
taxation in excess of the amount OF
$780, 900, and during that period OF
time We have seen the construction
of our magnificent state capitol, Of
the building of our universities
asylums, highways, penitentiaries
rivers and many other internal i'm
provements. These facts should have
great weight with the court with a
plausibility and force which are not
easy to resist.
Another rule Of Interpretation and
construction, Is that, when consti-
tutional provision under enquiry, Is
adopted from the constitution OF an
other state, and prior to such adoption,
It had been construed by the highest
tribunal Of that state, 1t is presumed
that by adopting 1t there was also
adopted the construction that had
been placed upon the provision by that
tribunal:
Pangborn VS.. West Lake, ct al SO
Iowa; SAG Fairfield vs.. McNany\ 81
Iowa. rs Fowler VS. Lampson 146 ILL.,,
472, 81 N. e. Rep. 932; Brown Va Wal
ker 1871 u. 8. sol.
Section article seven of our con-
stitution was taken literally from
section IL Of article Of the constitu-
ton Of 1916 of New York, and In 1852
the supreme court Of New York Judi
cially construed that section with ref
erence to the word debt" in the case
of NewalI vs people n Y. 8 and as,
under the rule above quoted, that Is by
adopting that section Of their constr
tuition, we are presumed to have
adopted the construction placed on 1t
by that court. liberty Is taken to quite
freely quote from and comment upon
that case.
Section IL Of article Of the consti-
tuition Of 1S46 of New York reads:
Except the debts specified In the
tenth and eleventh sections Of this
article, no debt shall be hereafter con-
tracted. by or on behalf Of this state,
unless such debt shall be authorized
by law, for some single work or OBJ
ject, to be distinctly specified there
IN; and such law shall impose and
provide for the collection OF direct
annual tax to pay, and sufficient to
pay tho interest on such debt as 1t
falls due, and also to pay and dis
charge the principal Of such debt,
within eighteen years from the time
Of the contracting thereof. No such
law shall take effect, until 1t shall, at
general election have been submitted
to the people and have received ma
jority OF all the votes cast for and
against It at such election"
BY comparison, 1t will be seen that
our constitutional provision was
taken from this section OF the
New York constitution.
The form OF certificate under con-
sideration In that case is set out on
bottom pages Is and II, and is as fol-
lows:
"This certificate is issued under the
authority OF an act OF the legislature
OF the state Of New York, entitled,
An act to provide for the completion
Of the Erie river canals passed..
day OF ........ one thousand eight
and fifty-one. and entities
-. or assigns to receive. 1880.
dollars, on the ....... day OF H.,
and the interest thereon, at the rate
Of. -. per cent per annum, semi
on the. 80. day of.......
and on the 1900. day Of. ....... In
each year until the time when the
principal sum will be receivable, at
as provided in the said act, with
out any other obligation, liability or
pledge on the part Of the state OF
New York, than such as is contained IN
the said act. Dated this ....... 18. -.
The form Of certificate to be issued
by this state under the act Of the
thirty-fifth general assembly, in ques-
ton, is hereinbefore set out. In New
York's constitution, sections 10 and II.
article I, are in thought identical, and
in language and phrasing almost
identical with sections and OF
article Of our constitution, except
ing the Limitation in New York's sec
ton 10 is $1,o00oO0, while In ours 1t
is $250,O0O. The New York legislature
enacted statute authorizing the issue
and sale of large aggregate Of inter.
est bearing obligations, which it styled
Canal revenue certificates" in antici.
patton of and payable only from resi-
due Of the revenue or income that
would accrue to the state from the
net revenues that would arise from
tolls to be collected on canal owned
by the state. Such was the statute
considered in the said New York case
together with this section quoted here
in full:
.In case OF any failure of revenues
from the canals, by reason Of pest
Hence, deficiency of crops, or breaches
or damages to the canal, or from any
other cause, the state shall in nc
event be liable to make up any de-
ficiency OF revenue. or to redeem the
Canal revenue certificates in any
other manner than out Of the canal
revenues of the state. and as directed
by the provision of this bill for such
i