In re Opinion of the Court, in Response to the Resolution of the Gen. Assembly of the State

• Decision Date: 28 February 1874
• Citation: 55 Mo. 497
• Parties: OPINION OF THE COURT, IN RESPONSE TO THE RESOLUTION OF THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI.
• Court: Missouri Supreme Court

55 Mo. 497

OPINION OF THE COURT, IN RESPONSE TO THE RESOLUTION OF THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI.

Supreme Court of Missouri.

February Term, 1874.

On February 27 th, 1874, the House of Representatives of the 27 th General Assembly, adopted the following resolution, to-wit:

“WHEREAS, One million five hundred thousand dollars of the indebtedness due by the Hannibal and St. Joseph R. R. Company, to the State of Missouri, matures during the present year, and, whereas, there has been introduced into this House, and referred to the Committee on Judiciary, a bill providing for an extension of twenty years time to said Railroad, on said indebtedness, by substituting a new series of bonds for the old ones, issued by the State to said R. R. Company, therefore, Resolved, That the Judges of the Supreme Court of this State, are hereby requested to furnish to this House, at as early a day as possible their opinion, on the question: Whether such an extension of time on said indebtedness, would be a loaning or giving of the State's credit, as is contemplated by Sec. 13, of Article 11, of the Constitution of the State of Missouri? and also:

WHEREAS, The granting of such an extension of time to said R. R. Company on said bonds, would imperil the State's first mortgage lien on the property of said R. R. Company, by deferring it in point of priority to any other lien or claim now upon the property of said R. R. Company.”

Which was read and adopted Feby. 9th., 1874.

J. T. PRATT, Chief Clerk.

In reply thereto, the Judges of the Supreme Court trans mitted the following paper:

ST. JOSEPH, Feb. 23, 1874.

The Judges of the Supreme Court, are in receipt of a resolution of the House of Representatives, of the General Assembly of the State, requesting their opinion in regard to a proposed bill touching the guaranteed bonds of the Han. & St. Jo. R. R. Co., together with a copy of the proposed enactment, both of which have been forwarded by the Clerk of the House to the Clerk of this Court, at this place.

The questions propounded in the resolution, relate to the power of the legislature, under the 13th section of the 11th Article of our Constitution, to pass the proposed bill, giving an extension of 20 years to the company upon their indebtedness of fifteen hundred thousand dollars, for which the State holds a first lien on their property, and to the effect of such extension upon the rights of incumbrancers subsequent to the State.

The provision in our Constitution which requires the judges to give opinions, on “important questions of constitutional law” and on “solemn occasions” at the instance of the Governor or either branch of the General Assembly, is somewhat anomalous in its character, and couched in terms vague, indistinct and hardly susceptible of definite...