City of Stuttgart v. McCuing

George Bose Smith, J.,

dissenting, with whom Leelar and Dunaway, JJ., concur, dissenting. On the surface the majority decision seems to be favorable to the taxpayers, since it orders a refund of money that would otherwise be spent for municipal purposes. But the practical effect of today’s decision is to order the useless and wasteful expenditure of public funds that may well amount to hundreds of thousands of dollars. I am not convinced that in adopting Amendment 13 the people intended such extravagance.

This amendment, adopted in 1926, authorized bond issues for at least twenty municipal…