Kelley v. Baldwin, Auditor General

Per Curiam,

This is a taxpayer’s bill to restrain certain officers of the Commonwealth, and the Security Bank Note Company of Philadelphia, a corporation, from printing, executing and issuing tax-anticipation notes under the Act of June 22, 1935, and paying out any money pursuant to it. Plaintiff contends that the act is repugnant to article IX, sections 4 and 5 of the Constitution. An answer was filed. The issue is one of law.

The principal question is whether the notes, if issued, will constitute a debt of the Commonwealth within the meaning of that word as used in article IX, section 4,…