Matthews v. Bailey, Governor

In the former opinion, to which the majority refer, it appears that the attempt to refund the state’s highway indebtedness had been made pursuant to' acts 130, 151 and 278 of the Acts of 1937 and act 257 of the Acts of 1939, and it was held by the majority that these acts did not confer the authority which the governor had attempted to exercise; but of these acts the majority said: “We holds that acts 130, 151, 298 and 257, mentioned in the pleadings, were lawfully passed, and that no constitutional impediments void the measures.”

The effect of that opinion is that there was no constitutional…