Keith v. Funding Board

delivered a concurring opinion, as follows:

The provision of the act . in question which exempts the bonds authorized to be issued by the act from taxation by the State or any county or municipality thereof must depend for validity upon the power of the legislative department of the State to create such an exemption. The constitution of 1870 divides the powers of the State government into three departments, and these departments are legislative, executive, and judicial. Article 2, section 1.

No person or persons belonging to one of these departments shall exercise any af the powers belonging to…