State Ex Rel. Fire Dist. of Lemay v. Smith

This is an original proceeding in mandamus to compel the State Auditor to register bonds in the amount of $25,000 issued by the Fire District of Lemay in St. Louis County. The . auditor refused registration on the ground the act authorizing the incorporation of the fire district and the issuance of the bonds is unconstitutional. We find the act is constitutional and the bonds should be registered.

The act (Laws 1941, p. 505) provides for the incorporation of fire districts in counties of 200,000 to 400,000 inhabitants with the power to tax, issue bonds, acquire fire-fighting apparatus, and…