MacKey v. McDonald

I disagree with that portion of the majority opinion that holds the “Contingent Fund” appropriation to be legal. I also disagree with the majority’s conclusion that the record shows that only expenses or obligations imposed by law were being allowed on the “Contingent Fund.”

This court has recognized in Nevada County v. News Printing Company, 139 Ark. 502, 206 S.W. 899 (1918), that Art. 16, § 12 of our Constitution is applicable to the several counties. That provision of the Constitution provides:

“No money shall be paid out of the treasury until the same shall have been appropriated by law,…