** PART II **
THE HARSH RESULTS REACHED BY THE APPLICATION OF THE FOREGOING RULES WERE LESSENED SOMEWHAT BY LATER CASES WHEREIN THE OKLAHOMA SUPREME COURT BROADENED THE DEFINITION OF PUBLIC PURPOSE AND RELIED MORE HEAVILY ON TIME-HONORED PRINCIPLES REQUIRING GREAT DEFERENCE TO LEGISLATIVE JUDGMENT, A PRESUMPTION OF VALIDITY AS TO LEGISLATIVE ENACTMENTS AND PROHIBITING A FINDING OF UNCONSTITUTIONALITY UNLESS THE STATUTE IS CLEARLY UNCONSTITUTIONAL.
THE COURT SPECIFICALLY INCORPORATED ALL OF THESE PRINCIPLES AND BROADENED THE DEFINITION OF PUBLIC PURPOSE IN WAY V. GRAND LAKE ASSOCIATION. INC.. ET AL., 635 P.2D 1010 (OKLA.1981), NOW THE SEMINAL CASE IN THIS AREA. IN THAT CASE, THE COURT WAS ASKED TO DECIDE WHETHER THE APPROPRIATION OF PUBLIC MONIES TO TOURISM AND THEN TO FIFTEEN SPECIFICALLY NAMED PRIVATE ORGANIZATIONS WAS VIOLATIVE OF ARTICLE X, SECTION 14/ARTICLE X, SECTION 15. THE ATTORNEY GENERAL, IN A.G. OPIN. NO. 80-165-B, HAD RULED SUCH APPROPRIATIONS TO BE CONSTITUTIONALLY INVALID. THAT OPINION RELIED ON THE RULE IN VETTE AND VETERANS AND SAID THE SAME ACT WHICH WAS LATER CONSIDERED IN WAY "APPROPRIATED AND AUTHORIZED TO BE PAID PUBLIC FUNDS FOR USE BY A NONPROFIT CORPORATION FOR PURPOSES OVER WHICH THE STATE HAS NO CONTROL."
THE COURT IN WAY, HOWEVER, DISTINGUISHED VETTE AND VETERANS FROM THE CASE AT BAR BECAUSE OF THE GOVERNMENT CONTROLS WHICH WERE RETAINED OVER THE APPROPRIATIONS. IT CHOSE INSTEAD TO RELY ON THEIR PAST DECISIONS WHICH HAD SAID THAT THE TERM "PUBLIC PURPOSE" WAS NOT TO BE CONSTRUED IN A NARROW AND RESTRICTED SENSE AND THAT IT WAS WITHIN THE LEGISLATURE'S PROVINCE TO DECIDE WHAT WAS A PUBLIC PURPOSE. ALSO, THE COURT FURTHER DEFINED WHAT EXACTLY IT CONSIDERED TO BE A PUBLIC PURPOSE:
THE TERM "PUBLIC PURPOSE" AS USED IN A CONSTITUTIONAL PROVISION THAT TAXES SHALL BE LEVIED FOR PUBLIC PURPOSES ONLY, IS SYNONYMOUS WITH `GOVERNMENTAL PURPOSE.' IT MEANS A PURPOSE AFFECTING THE INHABITANTS OF THE STATE OR TAXING DISTRICT AS A COMMUNITY, AND NOT MERELY AS INDIVIDUALS. THIS DOES NOT MEAN, HOWEVER, THAT A TAX IS NOT FOR A PUBLIC PURPOSE UNLESS THE BENEFITS FROM THE FUNDS TO BE RAISED ARE TO BE SPREAD EQUALLY OVER THE WHOLE COMMUNITY OR A LARGE PORTION THEREOF. A USE MAY BE PUBLIC ALTHOUGH IT IS OF BENEFIT PRIMARILY TO THE INHABITANTS OF A SMALL AND RESTRICTED LOCALITY. MOREOVER, IT IS SAID THAT ANY DIRECT PUBLIC BENEFIT, NO MATTER HOW SLIGHT, AS DISTINGUISHED FROM THOSE PUBLIC BENEFITS OR INTERESTS INCIDENTALLY ARISING FROM PRIVATE ENTERPRISE, WILL SUSTAIN A TAX.
ID. AT 1016, N. 13 (CITATIONS OMITTED).
THE FOREGOING WAS IN ACCORD WITH THE COURT'S EARLIER RULING IN HELM V. CHILDERS, 75 P.2D 398, 399 (OKLA.1938), WHICH PROVIDED:
"THE MEANING OF `PUBLIC PURPOSES' FOR WHICH GOVERNMENTAL EXACTION OF MONEY MAY BE HAD IS NOT WITHIN A NARROW AND RESTRICTED SENSE. AT ANY RATE THE COURTS CANNOT INTERFERE TO ARREST LEGISLATIVE ACTION WHERE THE LINE OF DISTINCTION BETWEEN THAT ALLOWABLE AND THAT WHICH IS NOT IS FAINT AND SHADOWY. IN SUCH INSTANCES THE DECISION OF THE LEGISLATURE IS ACCEPTED AS FINAL."
(EMPHASIS