In re Loan of School Fund
Supreme Court of Colorado
The secretary of the senate sent the following communication to the justices of the supreme court: “ I am instructed by tbe Honorable Senate to submit Senate Bill No. 11 to your Honors for an opinion as to its constitutionality.” The communication was accompanied by the bill, but no specific question or questions were submitted. Per Curiam.
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The secretary of the senate sent the following communication to the justices of the supreme court: “ I am instructed by tbe Honorable Senate to submit Senate Bill No. 11 to your Honors for an opinion as to its constitutionality.” The communication was accompanied by the bill, but no specific question or questions were submitted. Per Curiam. The bill transmitted contains several sections relating to the loaning of $650,000 of the public school fund to the general revenue funds of 1887, 1888 and 1889. We would respectfully call the attention of the honorable senate to the fact that it is not in…
1Opinion of the CourtJustice Elliott
In view of the stringent provisions of our state constitution, we are of the opinion that Senate Bill No. 11, as submitted for our consideration, is unconstitutional.
Section 3 of article 9 of the Constitution is an imperative mandate binding upon all departments of the government. It provides, among other things, that “ the Public School fund. of the state shall forever remain inviolate and intact; ” and further, that no part of this fund, principal or interest, shall ever be transferred to any other fund or used or appropriated except as herein provided.” It is true, the section provides…
2Cases cited3 opinions
- People ex rel. Seeley v. MaySupreme Court of Colorado · 1885
- In re Appropriations by General AssemblySupreme Court of Colorado · 1889
- In re House Resolution No. 25Supreme Court of Colorado · 1890
3Cited by16 opinions
- Menefee, State Treas. v. AskewSupreme Court of Oklahoma · 1910
- Colorado State Board of Land Commissioners v. Colorado Mined Land Reclamation BoardSupreme Court of Colorado · 1991
- In re Canal CertificatesSupreme Court of Colorado · 1893
- United States v. FentonDistrict Court, D. Idaho · 1939
- People v. HigginsSupreme Court of Colorado · 1917
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