The people's voice. [volume] (Helena, Mont.) 1939-1969, 1945-02-23
High. Wide and Handsome"

attention called the printing elsewhere
in this issue of the dissenting opinion of Justice Hugh Adar to
the majority opinion of the court which the legislature
blanket authority to expend the present surplus in the state
general fund. The majority stated:
eve find unnecessary consider whether the prof.
contemplated by House Bill No As within the
clause contained in section IL of Article XII for the
that the surplus funds of the state be
pated and expended by the legislature for it
fit. The clause would be involved only if the ap-
preparations exceeded the funds available from all actual
and anticipated monies. The contention too that it may
be for current of the state government
cannot be sustained for nothing in the Constitution differ
entiates between those and any other expenditures"
AS Justice Adar states the constitution provides in
era terms that expenditure of except for
general expenses of the state can be made without
being referred to the people With hasplttng legalstlc
reasoning the majority that hurdle by stating that
the bill which the action which was brought before them
of the authority of the legislature appropriate
from this fund, does not create "debt or liability.
cynical observer remarked that the chef func-
lions friendly supreme to find trails around
the constitutions and believe that this
and that the attorney general
Justice Ada in their opinions faced the conditions laid
down state constitution fairly and squarey and arrived
at their conclusions perhaps unpopuar) the plainly
worded provisions of the basic law.
From the viewpoint of the layman the principal and most
important matter involved this case the fact that five
millions of dollars in taxes state has been
exacted from the people and this is in the genera
fund of the state To whom does this money belong? is
enough believe that belongs the people and that
they should have direct voice in determining how is to be
expended 1t also obvious that its collection from the
people of the state unwaaned exacon of taxes
in form another in of costs of maintaining the
state government and meeting the requirements of liquidation
cons to anticipated revenue in regard to expenditures a
thorzed by the state legislative assembly by the constitution
nued by the courts opinion would reasonably
follow that restrictions in regard taxation also multi
fled The adectives hgh wide and handsome appear to
apply to this opinion
Early in the present session. the assembly concerned
about finding sufficient meet the current demands
of the coming bennum This condition. of caused
the special interests who therein poten
a threat their surplus profits Their daily papers have
constantly harped this amount the states general
fund bemoaned its frozen condition Let it be under
STOOD that neither Attorney General Bottomy Justice
Ada declared frozen They merely commended that since
the state through it's various activities including direct
on had overchargd the people of the state the in
ton these people in compliance with the provisions of
the state constitution should have the determining by
vote, of how the money should be expended.
The highway debenture proposal involving the debmak
ing of twelve millions of dollars but which the people of the
state must dsapprove could have been whitfield
down to millions and the people of the state given the
opportunity to vote the of the accumulated funds
the balance avoiding interest charges and of issuing
bonds
But perhaps should be thankful that the legislative
smby didn't to have the authority authorize the
state into debt for the twelve millions without of
the people Perhaps friendly court might have found
some way of approving that action.