Opinion

Lincoln University v. Hackmann

  • 295 Mo. 118
  • 243 S.W. 320
  • 1922 Mo. LEXIS 102
Court
Supreme Court of Missouri
Filed
Jul 18, 1922
Status
Published
Author
Graves
On the bench
Blair, Walker, Graves, Elder, Woodson
Cited by
6 cases

The opinion

I concur in this opinion. Of course there are public school funds which are appropriated by the acts (constitutional or statutory) which created them. Then there is the constitutional provision that a certain portion of the ordinary revenue funds (not less than twenty-five per cent) shall be set aside for the public school fund, but this does not become a public school fund until after it is appropriated. When it is appropriated its channel is fixed, and what is left is general revenue fund. The mere fact that the Legislature may go beyond twenty-five per cent of the ordinary revenue fund for a school fund does not change the situation. There can be no such a thing as an unappropriated public school fund. This last view renders the first paragraph of the opinion unnecessary. Walker, J., also concurs in these views.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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