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


have been submitted to the people,
and have received majority OF all the
votes cast for and against it at such
election; and all money raised by
authority OF such law, shall be applied
only to the specific object therein
stated or to payment of debt created
thereby; and such law shall be pub
lished in at least one newspaper In
each county, if one 10 published there
in, throughout the state, for three
months preceding the election at which
it is submitted to the people"
DRAWS CONCLUSIONS
With these as the gist OF his find
:Ygs. the court draws the following
{ conclusions which are produced here
verbatim:
1t is claimed by the defendant that
chapter No. IA is constitutional be-
cause it provides for the making of an
annual specific tax levy covering per-
iod of ten years for the raising OF
specific sum of money for specific
purpose, and that that fund may be
anticipated by the immediate purchase
OF the property and the issuance and
delivery Of interest bearing certificates
therefor, the same to be paid out OF
such specific fund when collected and
not otherwise, and that therefore, 1t
does not create q debt" as con-
templated by sections2 and 5, article Z
Of the constitution, although the taxes
to be levied and collected under the
act will exceed the sum OF $1,90O,O00
The question presented for determin-
alton Is, whether or not chapter No. IA
of the Acts Of the thirty-f1fth general
assembly, is null and void, in that it
is in violation of and contravenes sec
tons and 5, article 7, of the constitu-
ton of the state Of Iowa, that is wheth-
er or not it authorizes the creation Of
debt against the state OF Iowa
amounting to more than $250,O00 with
cut having submitted the law to vote
of the people. AS the law was not
submitted to a vote Of the people If it
authorized debt inhibited by said Sec
ton, then the act is unconstitutional
and void, and the demurrer to the
petition should be overruled and an
Injunction granted as prayed. On the
other hand, If it authorizes the crea-
ton of debt against the state not in
kibited by said section of the constitu.
ton, then the demurrer should be sus.
tanned and the case dismissed upon its
merits.
Sections 2 and of article 7 of the
constitution have never been constru-
ed by the supreme court, and In con.
STRUNG them and applying them we do
not have the guidance or assistance
Of that tribunal directly considering
those sections. TO ascertain the mean
ing Of section in the constitution,
the first resort in all cases, Is to the
natural Specification of the words used
in the order and grammatical arrange
ment in which the trainers have placed
them, and the people. have adopted
them, and if thus considered, the
words convey definite and distinct
meaning which involves no obscurity,
absurdity or contradiction between 1t,
and other parts Of the same instrument
then the meaning apparent on the face
of the instrument, is the one which
alone we are at liberty to say was In
tended to be conveyed. And this
meaning when 50 ascertained, must be
taken as the authoritative rule. There
Is no occasion for construction In such
case, and it is not allowable. When
we read those sections Of the constitu-
ton, under the guidance of that rule,
constituting the words and phrases to
the context and by the approved us,
ages of the language, the instrument
is plain and unequivocable and self.
explanatory. But the supreme court
of Iowa has in a recent case, herein,
after noticed, thrown some refinements
and limitations about the word debt
in constituting another provision Of the
constitution in which that word is us.
ed, which refinement and limitations
it is claimed by the defendants, are
applicable to the word debt" found In
sections 2 and of article Z, make 1t
necessary to investigate the real
meaning that was given the words