Almond v. Day

The part of § 33-253, 1956 Cum. Supp., Code 1950, (Acts 1954, Ch. 319, at page 391) that authorizes State ownership and operation of the bus facilities is challenged as violative of § 185 of the Constitu*11tion, because it authorizes the State to become a party to, be interested in, or engage in carrying on work of internal improvement.

When the prohibitive provisions of § 185 were first adopted in the Constitution of 1869, they appeared as Article 10, §§ 12, 14, and 15, and public roads and public parks were not excepted from the general category of works of internal improvement. Recognizing…