Legal Opinion

In Re the Incurring of State Debts

Supreme Court of Rhode Island

Decided May 25, 1896PublishedCited by 15 opinions

The Constitution of Ehode Island, Art. 4, § 13, is as follows : Sec. 13. The General Assembly shall have no power, hereafter, without the express consent of the people, to incur State debts to an amount exceeding fifty thousand dollars, except in time of war, or in case of an insurrection or invasion ; nor shall they in any case, without such consent, pledge the faith of the State for the payment of the obligations of others.

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The Constitution of Ehode Island, Art. 4, § 13, is as follows : Sec. 13. The General Assembly shall have no power, hereafter, without the express consent of the people, to incur State debts to an amount exceeding fifty thousand dollars, except in time of war, or in case of an insurrection or invasion ; nor shall they in any case, without such consent, pledge the faith of the State for the payment of the obligations of others. This section shall not be construed to refer to any money that may be deposited with the State by the government of the United States.

1Opinion of the Court

In response to a communication from the Governor the judges of the Supreme Court gave the following opinion, May 25, 1896.

To His Excellency Charles Warren Lippitt, Governor of the State of Rhode Island and Providence Plantations.

We have received from your Excellency communications asking our opinion on certain questions stated below :—

First. — In view of the provision of article 4, section 13, of the Constitution, has the General Treasurer or any of the executive officers of the State the power to incur State debts by overdrawing the bank account of the State, or in any other form without any…

2Cited by15 opinions

  1. Veterans' Welfare Board v. JordanCalifornia Supreme Court · 1922
  2. Mosby v. DevineSupreme Court of Rhode Island · 2004
  3. State ex rel. Rankin v. State Board of ExaminersMontana Supreme Court · 1921
  4. Cherenzia v. LynchSupreme Court of Rhode Island · 2004
  5. Rowley v. ClarkeSupreme Court of Iowa · 1913

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