Bullock v. Billheimer

• Decision Date: 06 April 1911
• Docket Number: No. 21,656.,21,656.
• Citation: 94 N.E. 763,175 Ind. 428
• Parties: BULLOCK v. BILLHEIMER et al.
• Court: Indiana Supreme Court

175 Ind. 428

94 N.E. 763

BULLOCK

v.BILLHEIMER et al.

No. 21,656.

Supreme Court of Indiana.

April 6, 1911.

Appeal from Superior Court, Marion County; Vinson Carter, Judge.

Action by Henry W. Bullock against John C. Billheimer and others. From a judgment for defendants, plaintiff appeals. Affirmed.Henry W. Bullock, pro se. James Bingham, Addison C. Harris, Henry H. Hammer, Chas. W. Smith, John S. Duncan, Henry H. Hornbrook, and Albert P. Smith, for appellees.

MYERS, C. J.

Appellant, as a taxpayer, instituted an action in the Marion superior court against the Auditor and Treasurer of State, the State Board of Agriculture, State Corn Growers' Association, State Live Stock Breeders' Association, State Horticultural Society, Indiana Historical Society, State Poultry Fanciers' Association, State Dairymen's Association, Indiana Academy of Science, and the Board of Trustees of Purdue University, by a complaint in three paragraphs to enjoin the Auditor of State from drawing warrants on the State Treasurer, and the latter from paying such warrants to the Board of Trustees of Purdue University under the provisions of the act of March 8, 1909 (Acts 1909, p. 403). Upon answers of general denial trial was had, and judgment rendered for appellees. The error here assignedis in overruling the motion for a new trial, the grounds of which were that the decision of the court is not sustained by sufficient evidence, and is contrary to law.

The first paragraph of complaint, omitting the general allegations, alleges that the Board of Trustees of Purdue University, together with the other societies, associations, and boards named, have charge of Purdue University; that the State Board of Agriculture, State Horticultural Society, State Corn Growers' Association, State Dairymen's Association, State Live Stock Breeders' Association, and State Poultry Fanciers' Association are private corporations; that the Board of Trustees of Purdue University intend to, and are preparing to, present to the Auditor of State a claim for $75,000 under the provisions of the appropriation act of March 8, 1909 (Acts 1909, p. 403), and on presentation of such warrant the treasurer is ready and willing to pay it, and its payment would be unlawful, in that the act is invalid, because of having no enacting clause; that the act is unconstitutional, in that it attempts to direct the expenditure of public money through the agency of the State Corn Growers', State Dairymen's State Live Stock Breeders', and State Poultry Fanciers' Associations and the State Horticultural Society; that it is void because the power sought to be conferred by the act on said private corporations is not conferred on them by their charters, and said acts seek to confer special privileges and immunities upon certain corporations, in violation of section 23, art. 1, of the state Constitution, and because the title does not embrace the subjects of horticulture and poultry; that these five associations are preparing to, and will, appoint the advisory boards to direct the expenditure of the $75,000 and interfere with the director of the Experiment Station of Purdue University without authority of law, or right. Prayer that these associations be enjoined from appointing such advisory board, and that the payment of the $75,000 be enjoined.

The second paragraph is similar to the first, except that it alleges that the defendants other than the Auditor and Treasurer of State and the Board of Trustees of Purdue University are private corporations, chartered and created by special acts of the General Assembly, and without authority to perform any public service; that said boards, societies, and associations are preparing claims for presentation to the Auditor of State for payment out of the public treasury in various specified amounts appropriated to each; that the auditor will issue the warrants, and the treasurer will pay them, unless enjoined; that they are illegal, in that they are private corporations, performing no public service under direction of any public officer appointed by any legally constituted authority, and the Constitution prohibits state aid to private corporations, and the conferring of special privileges on any citizen or class of citizens not enjoyed by all; and that these societies, boards, and associations were created by special acts of the Legislature. Prayer for injunction against their payment.

The third paragraph is similar in its allegations to the first, except that it alleges that the Board of Trustees of Purdue University are controlling the affairs of the university including the experimental station connected therewith; that the other defendants are private corporations, and are attempting to, and are, directing and controlling the affairs of the university, without authority of law, by the appointment of members of boards of trustees, and advisory committees of the university, and directing the expenditure of money without authority, or being accountable to the public, or deriving authority from any department of the state government; that the act of March 8, 1909 (Acts 1909, p. 403), carries an annual appropriation of $75,000 to the Experimental Station of Purdue University, and the board of trustees, and the advisory committee are preparing to expend, and to continue to expend, the appropriation for the purpose of manufacture, purchase, sale, trade, and traffic for gain of farm and dairy products through purchasing and sales agents throughout the state, in connection with private persons and citizens of this state, all without authority of law for the reason that the act is void, in that, in attempting to amend the act of 1905 (Burns 1908, § 6864), it has no enacting clause; that it pretends to place the expenditure of public money in the hands and under the direction of private corporations; that it attempts to confer power on private corporations to appoint advisory boards, to direct the work of a state institution; that the act is special legislation, and confers special privileges and immunities on certain persons; that it provides aid and support to private corporations from public funds, and provides for the expenditure of public funds for private purposes; and that the purposes included are broader than the title of the act. Prayer for injunction as in the first paragraph.

The only allegation of the first paragraph as to the State Board of Agriculture is that it is a private corporation, and the treasurer will pay the appropriation. In the second, the sole allegations are that it is a private corporation created by special charter, and that it will, unless enjoined, present for payment, and the treasurer will pay out of the public funds $10,000. In the third paragraph it is alleged that it is a private corporation incorporated under a special act of the Legislature, and it, with the other defendant societies, boards, and associations, are attempting to and are directing and controlling the affairs of Purdue University in the manner shown in the abstract of the complaint set out above.

As to the second paragraph, we infer that the attack is upon the provisions of the generalappropriation bill of 1909 (Acts 1909, p. 470), and following, and the specific appropriation of the State Dairymen's and State Live Stock Breeders' Associations under the act of 1907 (Acts 1907, p. 570), as the amounts specified in the paragraph of complaint correspond to the amounts appropriated to the use of the various associations and boards mentioned. In appellant's brief, however, no reference is made to the specific appropriation act of 1907 in favor of the State Corn Growers' or State Dairymen's Association, or the general appropriation act of 1909, except the general claim that these are all private corporations created by special acts of the General Assembly, and that any appropriation to them from the public funds is illegal.

The Indiana Historical Society was created by a special act of the Legislature January 10, 1831 (Sp. Acts 1831, p. 62). Its objects are not stated further than the name implies. The State Board of Agriculture was created by a special act February 14, 1851, under the title “An act for the encouragement of agriculture” (Laws 1851, c. 3), and by the body of the act its objects, “for deliberation and consultation as to the wants, prospects and conditions of the agricultural interests throughout the state.” By the incorporating act $1,000 was appropriated for the use of the board, and a report to the General Assembly was required annually. Power was given this board by section 9 to hold state fairs and have the entire control of the same, to fix premiums “embracing any article of science or art,” or such as it saw fit “calculated to advance the interests of the people of the state.” The ordinary expenses of the board, including the necessary personal expenses of the members for two meetings in a year, were to be paid from the state treasury. This association has been held to be a private corporation. Downing v. State Board (1891) 129 Ind. 443, 28 N. E. 123, 614, 12 L. R. A. 664.

[1] The same thing we think must be held to be true as to the Indiana Historical Society; but both were created under the Constitution of 1816, which had no inhibition against creating corporations by special acts.

Purdue University was incorporated pursuant to the provisions of the Act of Congress of July 2, 1862, c. 130, 12 Stat. 503, 2 Fed. Stat. Ann. p. 850, and the Act of Congress of April 14, 1864, c. 58, 13 Stat. 47, with the amendment of July 23, 1866, c. 209, 14 Stat. 208, 2 Fed. Stat. Ann. p. 852, and by an Act of March 2, 1887, c. 314, 24 Stat. 440, 1 Fed. Stat. Ann. p. 9 (U. S. Comp. St. 1901, p. 3218), “an experiment station” was authorized “to conduct original researches, verify experiments on the physiology of plants, and animals” involving foods, soil, animal diseases, dairy products, etc. Avail of the Federal donation was made by an act of the...