State Ex Rel. Phillips v. Carter

WELCH, V. C. J.

(dissenting). It is the theory, and the holding in effect, of the majority opinion that there is no constitutional limitation on the state debt that may result from the issuance of interest-bearing, nonpayable, general fund warrants, so long as they are issued within an appropriation by the Legislature.

It is my view that there is a constitutional limitation thereon, and that the same is set out in section 23 of article 10 of the Constitution. That section provides in part as follows:

“The state may, to meet casual deficits or failure in revenues, or for expenses not provided…