Book v. State Office Bldg. Commission

Decision Date02 April 1958
Docket NumberNo. 29608,29608
Citation238 Ind. 120,149 N.E.2d 273
PartiesWilliam H. BOOK, Appellant, v. STATE OFFICE BUILDING COMMISSION, Harold W. Handley, as Chairman of the State Office Building Commission, Crawford F. Parker, as a member of the State Office Building Commission, Laurence D. Baker, as a member of the State Office Building Commission, Earl Buchanan, as a member of the State Office Building Commission, Walter H. Maehling, as a member of the State Office Building Commission, Warren W. Martin, as a member of the State Office Building Commission, Robert P. O'Bannon, as a member of the State Office Building Commission, Richard O. Ristine, as a member of the State Office Building Commission, William H. Hardwick, as Secretary of the State Office Building Commission, John A. Whitehead, as Executive Director of the State Office Building Commission, Appellees.
CourtIndiana Supreme Court

William H. Sparrenberger, Indianapolis, for appellant.

Edwin K. Steers, Atty. Gen. of Indiana, Ellen Anne Lloyd, Deputy Atty. Gen., for appellees.

Baker & Daniels, Joseph J. Daniels, Indianapolis, amici curiae.

BOBBITT, Judge.

Appellant brought this suit as a taxpayer to enjoin appellees as members of the State Office Building Commission, hereinafter referred to as the 'Commission', from proceeding further in the construction of a State Office Building as provided by the Act 1 which created and fixed the powers and duties of the Commission.

Defendants-appellees' demurrer was sustained, and plaintiff-appellant refusing to plead further, judgment was rendered accordingly. The sustaining of the demurrer is the sole error assigned.

The complaint for injunction alleges that appellant is a taxpayer and that the appellee State Office Building Commission, 'is a public body corporate and politic', organized and existing by virtue of ch. 221 of the Acts of 1953, as amended by ch. 304 of the Acts of 1957; and that the other appellees are members of such Commission, except John A. Whitehead, who is Executive Director.

That pursuant to such Acts the Commission is authorized to acquire a site located in the City of Indianapolis and to construct and erect thereon a State Office Building suitable and adequate to house offices of the various departments and agencies of the State Government; and to provide funds to carry out the provisions of the Act the Commission is authorized to issue and sell interest bearing State Office Building revenue debentures, and to enter into agreements for the use and occupancy of such building with the various State departments and agencies.

That pursuant to the provisions of such Acts the Commission has adopted a resolution proposing to issue revenue debentures as provided in the Acts.

That § 13 of ch. 221 of the Acts of 1953 appropriated the sum of $50,000 from the general fund of the State of Indiana for the purpose of providing funds for the payment of preliminary expenses of the Commission, and that the Commission has already expended a portion of this appropriation and will, unless enjoined, make further expenditures therefrom.

The complaint further alleges that such Acts, together with a resolution adopted by the Commission and attached to the complaint as Exhibit 'A', are unconstitutional and void in the following particulars:

(a) That the Act, as amended, and the resolution of the Commission purport to allow a person to hold more than one lucrative office at the same time in violation of Art. 2, § 9 of the Constitution of Indiana;

(b) That the Act, as amended, and the resolution of the Commission 'purport' to allow a member of the Legislature to hold an administrative appointment in violation of Art. 3, § 1 of the Constitution of Indiana;

(c) The Act, as amended, constitutes an improper delegation of legislative authority in violation of the provisions of Art. 4, § 1 of the Constitution of Indiana in that the Commission is authorized to select the site for the proposed building and to determine, without limitation, the amount of debentures to be issued, the cost of the building, and the amount of rental to be paid for space therein;

(d) That §§ 19 and 21 of the Act of 1953, as amended, violate Art. 4, § 19 of the Constitution of Indiana in that the subjects of such sections are not embraced in the title of the Act;

(e) That such Act, as amended, is a special law in violation of Art. 4, § 23 of the Constitution of Indiana;

(f) That the Act, as amended, and the resolution of the Commission are in violation of Art. 4, § 30 of the Constitution of Indiana in that they purport to permit a member of the Legislature to be appointed to a civil office of profit;

(g) That the Act, as amended, violates Art. 5, § 24 of the Constitution of Indiana in that it permits the Governor and Lieutenant Governor to be appointed to another office during the term for which they have been elected;

(h) That the Act, as amended, violates Art. 10, § 3 of the Constitution of Indiana in that it purports to appropriate State funds to pay for the use and occupancy of the proposed building for a period of time in excess of the current biennium;

(i) That the Act, as amended, violates Art. 10, § 3 of the Constitution of Indiana because it purports to authorize expenditure of State funds without proper appropriation therefor;

(j) That the Act, as amended, violates Art. 4, § 1 of the Constitution of Indiana because it attempts to impose duties and obligations upon the State Treasurer without express legislative authorization therefor;

(k) That the Act, as amended, violates Art. 10, § 5 of the Constitution of Indiana in that it purports to permit agencies or departments of the State to enter into agreements with the Commission that would commit such agencies or departments to obligations which would constitute a debt of the State of Indiana;

(l) That said Act, as amended, would further violate such Art. 10, § 5 by purporting to authorize the Commission to issue revenue debentures for the purpose of financing the proposed State Office Building; and

(m) That the Act, as amended, creates a corporation other than a banking corporation by special Act of the General Assembly in violation of Art. 11, § 13 of the Constitution of Indiana.

The complaint further alleges that the Commission intends to proceed with the issuance of such debentures and the execution of such agreements for use and occupancy, and unless the defendants (appellees) are enjoined from so doing, improper expenditures will be made from the general fund of the State of Indiana in violation of the Constitution of Indiana to the 'irreparable damage of the plaintiff herein and all other taxpayers of the State of Indiana;' and that plaintiff (appellant) does not have an adequate remedy at law.

The prayer is for permanent injunction against the taking of any further action with respect to the issuance of such revenue debentures and from incurring any further expense and paying out any further portion of the $50,000 appropriation hereinabove mentioned.

Chapter 221 of the Acts of 1953, as amended by ch. 304 of the Acts of 1957, being §§ 60-2101 to 60-2134, Burns' 1951 Replacement (Cum.Supp.), hereinafter referred to as the 'Act', creates a State Office Building Commission and authorizes it to acquire a site within the City of Indianapolis, Indiana, and to construct and erect thereon with all necessary equipment, a State Office Building suitable and adequate to house the offices of the various departments and agencies of the State Government. In order to provide funds to carry out the provisions of the Act, the Commission is authorized, pursuant to resolution, to issue and sell interest bearing State Office Building revenue debentures, and for the purpose of paying the principal and interest on such debentures when issued, the Commission is authorized to enter into appropriate agreements with the various State departments and agencies for the use and occupancy of such building.

On September 18, 1957, the Commission, pursuant to the provisions of the Act, adopted a resolution for the issuance of such revenue debentures, and approved and made a part of such resolution the form of the proposed debentures and a form of an agreement for the use and occupancy of the proposed building by the various State departments and agencies.

The debentures are to be executed on behalf of the Commission, signed by the chairman of the Commission, and attested by the secretary thereof with the seal of the Commission attached. The Treasurer of the State is made Registrar of the debentures, and is authorized to pay interest coupons as they become due.

The debenture itself provides that each is one of a series authorized 'pursuant to and in full conformity with the Constitution and laws of the State of Indiana, including particularly Chapter 221 of the Acts of the General Assembly of Indiana, 1953, as amended by Chapter 304 of the Acts of the General Assembly of Indiana, 1957, (Sections 60-2101 et seq. of Burns Indiana Statutes)'; that such debentures are payable as to principal and interest 'solely and only from and are secured exclusively by pledge of the net income and revenues of said State Office Building, and this revenue debenture does not constitute an indebtedness of the State of Indiana within the meaning or application of any constitutional provision or limitation'; that the Commission will fix a 'schedule of rates and charges for the use and occupancy of said building' which 'will produce income and revenues sufficient to pay expenses of operation, maintenance and repair of said building,' and to pay the interest on and principal of all of such debentures as they become due, and, further, that all of the net revenues of such building have been pledged and will be set aside in a special fund for such purposes.

It is further provided, by resolution, that the proceeds of all of the debentures shall be held by the Treasurer of the State 'as a special trust account...

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