# State Ex Rel. Board of Fund Commissioners v. Holman

> Supreme Court of Missouri · December 10, 1956 · 296 S.W.2d 482

URL: https://www.frixlaw.com/law-library/cases/9667553

## Case

- **Full name:** STATE Ex Rel. BOARD OF FUND COMMISSIONERS of the State of Missouri, and Phil M. Donnelly, John M. Dalton, George Hubert Bates, and M. E. Morris, Constituting a Majority of the Members Thereof, Relators, v. Haskell HOLMAN, State Auditor of Missouri, Respondent
- **Court:** Supreme Court of Missouri
- **Decided:** December 10, 1956
- **Citations:** 296 S.W.2d 482; 1956 Mo. LEXIS 716
- **Precedential status:** Published
- **Opinion:** Concurrence by Hyde
- **Judges:** Dalton, Hyde
- **Cited by:** 20 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/9667553

## Opinion text

HYDE, Judge.
I concur in all that is said in the opinion of DALTON, C. J. Furthermore, I think that the historical background of Sec. 37, Art. III, 1945 Constitution shows that the resolution of the ‘General Assembly herein involved was a proper constitutional amendment.
If the bond issue involved had been submitted as a measure under subdivision (3) of Sec. 37, Art. Ill, 1945 Constitution we would have a different question. However, that method is not made exclusive and there is well established precedent for submitting authority for a bond issue by a constitutional amendment which adds a new exception to the limitation on legislative power to contract liability of the state and issue bonds therefor. Sec. 37, Art. III, 1945 Const.; Sec. 44, Art. IV, 1875 Const. This was done several times under the 1875 Constitution and there is nothing in Sec. 37, Art. III of the 1945 Constitution to prevent it.
Sec. 44, Art. IV, 1875 Constitution only authorized bonds (other than renewal of existing bonds) “on the occurring of an unforeseen emergency, or casual deficiency of the revenue”. The burning of the State Capitol Building in 1911 was held to be such an unforeseen emergency authorizing issuance of bonds after approval by the people of an Act of the General Assembly for that purpose. Church v. Hadley, 240 Mo. 680 , 145 S.W. 8 , 39 L.R.A.,N.S., 248. However, thereafter the 50th General Assembly submitted two constitutional amendments adding exceptions to Sec. 44, Art. IV, 1875 Constitution, namely: an amendment adding a fourth subdivision to Sec. 44 authorizing bonds of one million dollars for a soldiers’ settlement fund, Laws 1919, p. 760, which was adopted at the 1920 election, Laws 1921, p. 709; and an amendment adding Sec. 44a to the Constitution authorizing bonds for sixty million dollars for building a state system of roads, Laws 1919, p. 757, which was also adopted at the 1920 election. Laws 1921, p. 707. This latter amendment, Sec. 44a was amended to authorize an additional seventy-five million dollars in bonds for state high *498 ways, submitted by initiative petition and adopted at the 1928 election. Laws 1929, p. 453. In State ex rel. State Highway Commission v. Thompson, 323 Mo. 742 , 19 S.W.2d 642, 645 , we held that “Section 44a adopted in 1920, was an amendment of section 44 of article 4 of the Constitution” ; and further held that the amendment of Section 44a adopted in 1928 was valid although 'it was contended as here that it violated Sec. 2, Art. 15, 1875 Constitution, providing that “no proposed amendment shall contain * * * more than one subject and matters properly connected therewith”.
There were also other similar amendments adding further exceptions to Sec. 44, Art. IV, 1875 Constitution and authorizing bond issues for other purposes. Sec. 44b was added authorizing bonds for fifteen million dollars for World War I service bonus, Laws 1921, p. 695, which was adopted at a special election held August 2, 1921. Laws 1921 Extra Session, p. 197. Its validity was upheld in Fahey v. Hackmann, 291 Mo. 351 , 237 S.W. 752 . Sec. 44c authorizing additional war service bonus bonds was submitted by the Constitutional Convention of 1922-23 and was adopted at a special election held February 26, 1924. Laws 1925, p. 408. Sec. 44d was added to authorize bonds for ten million dollars “for the purpose of repairing, remodeling or rebuilding, or of repairing, remodeling and rebuilding State buildings and properties at all or any of the eleemosynary or penal institutions of this State, for building additions thereto and additional buildings where necessary.” Laws 1933-34 Extra Session, p. 174. This amendment was adopted at a special election held May 15, 1934 and we upheld its validity in State ex rel. State Building Commission v. Smith, 335 Mo. 840 , 74 S.W.2d 27 . Thus there is ample precedent and authority for adding exceptions to the limi■tations of legislative power to contract liability of the State and issue bonds therefor by an amendment to the Constitution such as the one herein involved.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9667553. Public record. Not legal advice.