Legal Opinion

Stein v. Morrison

Idaho Supreme Court

Decided January 13, 1904PublishedCited by 66 opinions

ORIGINAL application for writ of prohibition. The act of March 16, 1903, the funding bond act, contravenes the constitution in three respects: It exceeds when added to the other expenditures authorized, the tax levies provided for the years of 1903 and 1904; it increases the debts and liabilities of the state beyond the limit fixed by section 1, article 8 of the constitution; it provides money for building a bridge and a wagon road authorized by local and special laws,…

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ORIGINAL application for writ of prohibition. The act of March 16, 1903, the funding bond act, contravenes the constitution in three respects: It exceeds when added to the other expenditures authorized, the tax levies provided for the years of 1903 and 1904; it increases the debts and liabilities of the state beyond the limit fixed by section 1, article 8 of the constitution; it provides money for building a bridge and a wagon road authorized by local and special laws, contrary to the provisions of section 19, article 3 of the constitution; and it provides for raising money which must be…

1Opinion of the CourtAilshie, J.

(After making the statement.) — It is insisted on the part of the plaintiff in this case that the legisla*446ture has violated the provisions of section 11, article 7 of the constitution in that they “have made appropriations for the years. 1903 and 1904 in excess of the tax levy which they provided for those years. Section 11, article 7 of the constitution is ás fol-. lows: “No appropriation shall he made, nor any expenditure authorized by the legislature, whereby the expenditure of the. state during any fiscal year shall exceed the total tax then provided for by law, and applicable to such…

2Cases cited10 opinions

  1. McBean v. City of FresnoCalifornia Supreme Court · 1896
  2. Nougues v. DouglassCalifornia Supreme Court · 1857
  3. Camron v. KenfieldCalifornia Supreme Court · 1881
  4. State ex rel. Ash v. ParkinsonNevada Supreme Court · 1869
  5. Maurer v. MitchellCalifornia Supreme Court · 1878

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3Cited by66 opinions

  1. Diefendorf v. GalletIdaho Supreme Court · 1932
  2. State v. TaylorIdaho Supreme Court · 1939
  3. Feil v. City of Coeur D'AleneIdaho Supreme Court · 1912
  4. Barnes v. Lehi CityUtah Supreme Court · 1929
  5. Idaho Water Resource Board v. KramerIdaho Supreme Court · 1976

61 more not listed; retrieve them via the Exa API.

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