State ex rel. Speeth v. Carney

The answer of the respondent sets out 10 affirmative defenses, four of which present three fundamental questions involving the constitutionality of the subway act, five raise questions involving the alleged irregularity and alleged insufficiency of the procedure followed by the relator in attempting to authorize the issuance of the note and bonds, and one presents both constitutional and procedural questions.

I

In the first, sixth and ninth defenses of respondent’s answer it is alleged, in substance, that the proposed note and bonds would be issued to make a gift of the proceeds to the…