Kasch v. Miller

Citations

• 104 Ohio St. (N.S.) 281

Syllabus

<p>Constitutional law — Superintendent of public worlcs — Conservation of waters and watercourses — Issue and sale of bonds by state — Section 412-1 et seq., General Code (108 O. L., pt. 1, 219) —State debt or obligation not incurred, when — Section 3, Article VIII, Constitution.</p> <p>1. The act authorizing the initiation and construction of a proposed improvement under the supervision of the state superintendent of public works, with a view to the conservation of surplus, flood and other waters of the state, is valid. Where the entire improvement is to be paid for by the issue and sale of bonds in the name of the state, and the principal and interest are to be paid entirely out of the revenues derived from the improvement or from the sale of the corpus in case of default, a state debt is not thereby incurred within the purview of - the state constitution; nor do the bonds so issued become an obligation or pledge the credit of the state under the express provisions of Section 412-2, General Code.</p> <p>2. Section 412-1 et seq., General Code (108 O. L., pt. 1, 219), authorizing the construction of such improvement and the issue and sale of .bonds therefor, under the facts stated, do not violate Section 3, Article VIII, or any other provision, of the constitution, prohibiting the incurring of debts or obligations by the state.</p>