Legal Opinion

State ex rel. Gass v. Gordon

Supreme Court of Missouri

Decided December 22, 1915PublishedCited by 21 opinions

Mandamus. For judgment see opinion, page 422. (1) The terms “ordinary revenue,” as used in section 6 of article 11 of the Constitution of 1875 and in the Appropriation Act of 1915 (Laws 1915, p. 89), and “State revenue,” as used in section 7 of article 11 of the Constitution, are synonymous, and include all receipts into the State Treasury to the credit of the revenue fund.

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Mandamus. For judgment see opinion, page 422. (1) The terms “ordinary revenue,” as used in section 6 of article 11 of the Constitution of 1875 and in the Appropriation Act of 1915 (Laws 1915, p. 89), and “State revenue,” as used in section 7 of article 11 of the Constitution, are synonymous, and include all receipts into the State Treasury to the credit of the revenue fund. Secs. 6 and 7, art. 11, Constitution 1875; Laws 1915, p. 89; Laws 1895', p. 18; 34 Cyc. 1691; United States v. Bromley, 12 How. (U. S.) 97; Bates v. Porter, 74 Cal. 224; People ex rel. v. Supervisors, 4 Hill (N. Y.), 23;…

1Opinion of the CourtFaris, J.

This is an original proceeding by mandamus, brought by relator as State Superintendent of Public Schools, to compel respondent, as State Auditor, to set apart and certify for payment to the relator for the use of the public schools of the State, the sum of $496,587.34, under the Act of February 12, 1915 (Laws 1915, p. 89), which required the State Auditor to ascertain and set apart one-third of the ordinary revenue for the support of the public schools.

The case is here upon the pleadings and an agreed statement of facts. The pleadings are conventional, and since no point is made touching…

2Cases cited16 opinions

  1. State ex rel. Major v. Arkansas Lumber Co.Supreme Court of Missouri · 1914
  2. Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
  3. United States v. NortonSupreme Court of the United States · 1876
  4. Fletcher v. OliverSupreme Court of Arkansas · 1868
  5. Bates v. PorterCalifornia Supreme Court · 1887

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3Cited by21 opinions

  1. City of St. Joseph v. HankinsonSupreme Court of Missouri · 1958
  2. Moore v. BrownSupreme Court of Missouri · 1942
  3. State v. KempSupreme Court of Missouri · 1955
  4. City of Kirkwood v. AllenSupreme Court of Missouri · 1966
  5. State Ex Rel. Thompson v. Board of RegentsSupreme Court of Missouri · 1924

16 more not listed; retrieve them via the Exa API.

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