In re Incurring of State Debts

• Citation: 19 R.I. 610,37 A. 14
• Parties: In re INCURRING OF STATE DEBTS.
• Decision Date: 25 May 1896
• Court: United States State Supreme Court of Rhode Island

37 A. 14

19 R.I. 610

In re INCURRING OF STATE DEBTS.

Supreme Court of Rhode Island.

May 25, 1896.

Application by the governor to the judges of the supreme court for an opinion, pursuant to Const, art. 10, § 3.

Const. R.I. art. 4, § 13, is as follows: "Sec. 13. The general assembly shall have no power, hereafter, without the express consent of the people, to incur state debts to an amount exceeding fifty thousand dollars, except in time of war, or in case of an insurrection or invasion; nor shall they in any case, without such consent, pledge the faith of the state for the payment of the obligations of others. This section shall not be construed to refer to any money that may be deposited with the state by the government of the United States."

In response to the communication from the governor, the judges of the supreme court gave the following opinion, May 25, 1896:

To His Excellency, Charles Warren Lippitt, Governor of the State of Rhode Island and Providence Plantations.

We have received from your excellency communications asking our opinion on certain questions stated below:

1. In view of the provision of section 13 of article 4 of the constitution, has the general treasurer or any of the executive officers of the state the power to incur state debts by overdrawing the bank account of the state, or in any other form, without any action of the general assembly? We think it is clear that neither the general treasurer nor any executive officer of the state can incur any debt which will bind the state, and so become a state debt, except in so far as his action creating it is authorized by law. We know of no existing law which authorizes an overdraft of the bank account of the state by the general treasurer or any other executive officer of the state, and we therefore answer so much of the question in the negative. Whether either of such officers may incur a debt in any other form which will bind the state depends, as we have said, on whether he is authorized to do so by law. In the absence of such authority, he cannot incur such a debt without the action of the general assembly giving the authority.

2. In view of said article and section, can the general assembly, in time of peace, and when insurrection or invasion does not exist, incur state debts or borrow money in any form in behalf of the state to an amount exceeding $50,000, without first obtaining the consent of the people? The section expressly provides that "the general assembly shall have no power, hereafter, without the express consent of the people, to incur state debts to an amount exceeding fifty thousand dollars, except in time of war or in case of insurrection or invasion." We are of the opinion, therefore, that the question must be answered in the negative. But, in thus answering, we do not mean to be understood that the general assembly may not make appropriations or authorize the expenditure of money to an amount exceeding the sum named. The power of taxation resides in the general assembly, and therefore it has power to raise by taxation such sums as it may deem necessary for the expenses of the state and the...