In re State Warrants

Citations

• 6 S.D. 518
• 62 N.W. 101
• 1895 S.D. LEXIS 140

Syllabus

<p>1. Appropriations from the assessed but uncollected revenues of the state, and the issuance of warrants in pursuance thereof to defray current expenses, is not the incurring of an indebtedness, within Const, art. 13, sec. 2, which provides that to make public improvements, or to meet extraordinary expenses, or deficits or failure in revenue, the state may contract debts never to exceed, with previous debts, $100,000, and no greater indebtedness shall be incurred, except to repel invasion, suppress insurrection, or defend the state or United States in war.</p> <p>2. Revenues of the state, assessed and in process of collection, are to be considered as constructively in the treasury, and may be appropriated and treated as though actually there.</p> <p>3. The fact that warrants issued in anticipation of such assessed revenues draw interest does not make the issuance of the warrants an incurring of an indebtedness to the extent of such interest, within Const, art. 13 sec. 2, where such warrants, with respect to interest, are not different from other warrants which may properly be drawn and issued.</p> <p>(Syllabus by the Court.</p>