Carter v. Thorson

Citations

• 5 S.D. 474
• 24 L.R.A. 734
• 59 N.W. 469
• 1894 S.D. LEXIS 83

Syllabus

<p>1. Chapter 99, Compiled Laws, 1891, divides the public printing of the state into classes, and directs the secretary of state, as ex officio commissioner of public printing, to advertise for bids for doing the same, and to make contracts with the best and lowest bidders for doing such printing as the state may require. Held, that a contract so made does not “incur an indebtedness” on the part of the state, within the meaning of section 9, art. 11, of the constitution, prohibiting the incurring of indebtedness “except in pursuance of an appropriation for the specific purpose first made.</p> <p>2. Such contract imposes no obligation upon the state to have any work done, but, in effect, simply designates the parties who are entitled to do whatever work of the several classes the state may require, and fixes the compensation therefor, if any shall be so required and done.</p> <p>3. Except as made by the constitution itself, the legislative department alone has power to make appropriations from the state treasury for the payment of state indebtedness.</p> <p>4. The primary thought and purpose of said section 9, art. 11, prohibiting the incurrence of indebtedness, except in pursuance of appropriations,</p> <p>was to confine the creation of indebtedness to such subjects and to such amounts as were expressly approved by that department of the government which would he required to provide for its payment.</p> <p>5. Without deciding that under no circumstances could this provision he held to control the power of the legislature to incur or to direct the incurrence of indebtedness, it is held that such provision was not intended to, and consequently does not prevent the legislature from incurring, or immediately directing the incurring of, indebtedness for the usual and current administration of state affairs without fh’St having made an appropriation for the specific purpose.</p> <p>(Syllabus by the Court.</p>