The people's voice. [volume] (Helena, Mont.) 1939-1969, 1945-02-23
ADAIR REFUSES TO READ NEW MEANINGS
INTO WORDS IN THE CONSTITUTION

, of purpose and amount should be frs
: submitted to and approved by the PEG
| pie at a general election under Sec
ton of Article XIII of the Consti
tuition when the contemplated appro
priations and expenditures exceed
100000.
The creation of an obligation pay
able from these funds is a liability OF
the state and its effect is to divert a
large part of the revenues of the state
out of the channel of the ordinary and
Irregular expenditures of running the
government when such monies were
raised and paid into the treasury for
the ostensible purpose to pay the pub
lie debt or to defray the general ex-
penses of government, thus relieving
the heavy burden of taxes levied upon
property State ex REL Diederichs,
Relator v. State Highway Commission,
SO Mont. 296 Pac. 1893.
In the case just cited the legislature
state highway debentures in the sum
of $6,000,000 This court held that
since the legislative assembly there
sought to create a debt or liability in
excess of 100000 same was void
under Section Of Article XIII of the
Constitution which requires that the
matter first be submitted to and that
| it receive the approval of the people
at a general election
In its opinion in the Highway De-
benture Case, supra, this court said
st is legislative power, not policy,
that is drawn in question. And while
we are mindful of the presumptions
in favor of legislative acts, yet, being
bound to support, protect and defend
the Constitution, when an enactment
transgresses the constitutional limita-
lions beyond reasonable doubt, it is
our solemn and sworn duty to so de-
clare it. We are mindful, too, that
the declarations of constitutions are
placed therein to be obeyed, and are
not to be frittered away by construc-
ton. Oess v. City of Butte, % Mont
27, SO Am. st. Rep. 545, 81 L. R. A.
COL, 70 Pac. 400 = AS stated by
that able jurist, Chief Justice fancy
of the United States Supreme Court, !
in the famous bred Scott decision
(Scott " Sanford, 10 How (U.S) |
1893, Is L. Ed. 1927: No change in
public opinion on questions of public |
in constituting the provisions of a Con-
stitution where the meaning is clear |
for the adoption of Constitution that |
might be deemed wise at one time
and unwise at another would abrogate
the judicial character of the court |
and make it the reflex of the popular
opinion or passion of the day If the
Act in question authorizes the crea-
ton of debt or liability in excess of
100000 there are two available meth
DDS of accomplishing what the Act
proposes: one is to amend the Con-
stitution and the other is to ATTAIN
the consent of the people at an cleo
ton for that purpose.
= The trainers of the Con-
stitution- provided two methods of
raising revenue for public purposes:
one the taxation system and the other
The license system. Estate V. Camp
Sing, IS Mont. 1913, Sc Am. st. Rep
ISL, 32 L. R. A. A. 635, A Pac. 516)
Knowing the tendency of governments
% run in debt, to incur liabilities, and
hereby to affect the faith and credit
If the state in matters of finance,
.hus imposing additional burdens upon
he taxpaying public, the trainers of
he Constitution placed positive limi-
ations upon the power of the legis-
alive assembly to incur a debt or i'm
pose a liability upon the state beyond
he limit prescribed, without referring
he proposition to the electorate for
is approval AS to this the compre-
lensive language of the section leaves
10 doubt. The first two sentences
mploy the word debt and refer to
ebt alone but the third adds the
vord liability a much broader term
han debt Liability is a broad term,
f large and comprehensive signifi- a
ance The authors of the Con- t