Henry v. Carter
Henry v. Carter
Opinion of the Court
delivered tbe opinion of tbe court.
We do not think the act for the relief of I. W. Carter obnoxious to any of the objections so strongly put by counsel, and we think it properly became a law under see. 72 of our constitution. We know of no provision of that instrument preventing the people, through their legislature, from being honest. If it was the.purpose of the constitutional convention to forbid restitution of money wrongfully in the treasury, that body would be a stench to all civilized peoples. This legislative act is avowedly to make restitution, though it is styled a donation, and there is a specific clause in the constitution authorizing donations. It was not designed to establish public moral turpitude as a crystallized principle of state policy.
Affirmed.
Reference
- Full Case Name
- Thomas M. Henry, Auditor of Public Accounts v. John W. Carter
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Constitutional Law. Constitution 1890, seo. 72. Legislative bill. Return by Governor. Where, 'after its passage by the legislature, a bill reached the governor within five days next before the adjournment of the session and was not returned by him within three days after the beginning of the next session, it became a law, without executive approval, under Constitution 1890, sec. 72, regulating the subject. 2. Same. Laws 1904, p. 47, oh. 57. Restoration by state of money wrongfully held. Laws 1904, p. 47, eh. 57, reimbursing an ex-tax collector, whose money had erroneously been paid into the state treasury, is not violative of the constitution of 1890; it does not violate: (a) Sections 1 and 2, dividing the powers of the state into those which are executive, those which are legislative, and those which are judicial, nor (b) Section 69, providing that all appropriation bills, other than general ones, shall embrace but one subject; nor (o) Section 87, forbidding the suspension of a general law by a special act for the benefit of an individual; nor (d) Section 96, prohibiting extra compensation to public officers.