People ex rel. Hopkins v. Board of Supervisors
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term awarding a peremptory mandamus requiring the board of supervisors of Kings county to levy a tax, upon the taxable property of that county, of three and a half mills per dollar, imposed by chapter 734 of the Laws of 1872. The board of supervisors declined to levy such tax, claiming that as, by section 5 of said' act, the tax was not to be levied if…
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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term awarding a peremptory mandamus requiring the board of supervisors of Kings county to levy a tax, upon the taxable property of that county, of three and a half mills per dollar, imposed by chapter 734 of the Laws of 1872. The board of supervisors declined to levy such tax, claiming that as, by section 5 of said' act, the tax was not to be levied if chapter 700 of the Laws of 1872, providingfor a submission to popular vote of the question of funding the debt for which…
1Opinion of the CourtAllen, J.
The comptroller was indisputably right in his conclusion, that the act chapter 700 of the Laws of 1872, authorizing, subject to the approval of the electors upon a popular vote at the next general election, the creation of a debt for the purposes named therein, was void, and in taking action as if the act had not been passed.
By section 12, of article 7, óf the State Constitution, no debt can be contracted by or on behalf of the State, except to an amount not exceeding $1,000,000, to meet deficits in revenues, or for expenses not provided for, or to repel invasion, etc., unless authorized by a…
2Cited by2 opinions
- Wendt v. . WalshNew York Court of Appeals · 1900
- Hall v. JennessSupreme Court of Kansas · 1870