# Lincoln University v. Hackmann

> Supreme Court of Missouri · July 18, 1922 · 295 Mo. 118

URL: https://www.frixlaw.com/law-library/cases/3536615

## Case

- **Full name:** Lincoln University v. George E. Hackmann, State Auditor.
- **Court:** Supreme Court of Missouri
- **Decided:** July 18, 1922
- **Citations:** 295 Mo. 118; 243 S.W. 320; 1922 Mo. LEXIS 102
- **Precedential status:** Published
- **Opinion:** Concurrence by Graves
- **Judges:** Blair, Walker, Graves, Elder, Woodson
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3536615

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3536615. Public record. Not legal advice.