Kelley v. Earle

Dissenting Opinion by

Mk. Justice Maxey :

The majority opinion holds the General State Authority Act breaches the state Constitution in only one respect and that is, that it creates a debt contrary to the prohibition of section 4, article IX, of the Constitution. On the record now before us — and that alone is what our decision must be based on — I am clear that section 4, article IX, is not breached and I dissent from the conclusion arrived at by the majority.

The majority says: “We are of the opinion that the lease which the Commonwealth propo’ses to execute, . . . and other leases like it…