Rettinger v. Pittsburgh School Board

Citations

• 266 Pa. 67
• 109 A. 782
• 1920 Pa. LEXIS 502

Syllabus

<p>Municipalities — Indebtedness—Increase of debt — Vote of electors — Ratification—School board — Current revenues — Constitutional law — Burden of proof.</p> <p>1. Where the greater portion of the floating debt created by a school board is illegal because it exceeded the two per cent constitutional limit of indebtedness allowed without a vote by the people, such indebtedness may be validated and refunded by a bond issue authorized by a vote of the electors. After the illegal debt has thus been validated, it need not be considered in computing the total debt created by the school board without a vote of the people.</p> <p>2. Where a debt is incurred by a school board for the construction of a school house, and it is claimed, that the amount of it exceeded the two per cent constitutional limit, the burden of proof is on the board to show that such debt could not be paid out of current revenues. If such evidence is produced the courts will not declare the debt illegal.</p>