State ex rel. Barron v. Cole
Mississippi Supreme Court
From the circuit court of, first district, Hinds County. Hon. Robert Powell, J udge. The State of Mississippi, ex rel., Barron, district attorney, appellant, was plaintiff in the court below; Cole, auditor of public accounts, appellee, was defendant there.
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From the circuit court of, first district, Hinds County. Hon. Robert Powell, J udge. The State of Mississippi, ex rel., Barron, district attorney, appellant, was plaintiff in the court below; Cole, auditor of public accounts, appellee, was defendant there. The section of the constitution involved is as follows : “ Section 212. The rate of interest on the funds known as the Chicasaw School Fund and other trust funds for educational purposes for which the state is responsible, shall be fixed, and remain as long as said funds are held by the state, at six per centum per annum from and after the…
1Opinion of the CourtTerral, J.
There are in our constitution many .provisions that are self-executing, and not requiring legislative action to make them effective ; but they are unmistakable from their terms, and manifestly sec. 212 is not one of this character. It does no more than fix the rate of interest on trust funds held by the state at six per cent, and to direct' its semi-annual distribution leaving to the legislature the carrying into effect of the sovereign will as thus expressed. Who is to make the distribution, and to whom, and out óf ■ what funds, and in what manner? The means of payment and all the details…
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