Cutting v. Taylor

Citations

• 3 S.D. 11
• 15 L.R.A. 691
• 51 N.W. 949
• 1892 S.D. LEXIS 36

Syllabus

<p>T. Whether or not any particular territorial law, or any independent provision, survived the adoption of the state constitution, and so continues in force as the law of the state, depends upon whether or not such law or such provision is obnoxious to any rule or provision of the constitution.</p> <p>2. As from the property of the slate is largely derived the revenue of the state, it is within the legitimate powers of a state government to employ general means for the protection of the property, as well as the persons, of its citizens.</p> <p>3. To accomplish such protection, and as a means of securing greater ef-„ ficiency in the fire departments and service of the state, the legislature may lawfully offer, by general law, a compensation or reward to such fire companies as wiE comply with conditions therein named, designed to promote their usefulness and competency; and acceptance and compliance with such conditions constitute a sufficient consideration for an appropriation by the legislature to redeem such promise.</p> <p>4. Such appropriation is not a '“donation,” within the meaning of section 1, art. 13, of the constitution.</p> <p>5. Neither constitutions nor statutes should be so construed as to give them retroactive effect, unless such intention is, clearly expressed.</p> <p>6. A law, valid when passed, and regularly enacted, as then required, is not necessarily abrogated or repealed by a subsequent constitutional provision requiring the pursuance of other or different forms of legislation than those which were adequate when such law was passed.</p> <p>7. The provisions of the state constitution prescribing the form and method of passing appropriation hills, refer only to future legislation, or legislation under the constitution.</p> <p>8. Chapter 53, Laws 1887, constituted a lawful appropriation, as the law then was, of the amount and for the purpose therein named, and, the constitutional provisions having no retroactive force, it continues an efficient ap