In re Opinions of the Justices, 9.

• Decision Date: 14 February 1930
• Docket Number: 9.
• Citation: 220 Ala. 539,126 So. 161
• Parties: IN RE OPINIONS OF THE JUSTICES. IN RE ACTS 1927, P. 442, MAKING APPROPRIATIONS FOR STATE NORMAL SCHOOLS.
• Court: Alabama Supreme Court

126 So. 161

220 Ala. 539

IN RE OPINIONS OF THE JUSTICES. IN RE ACTS 1927, P. 442, MAKING APPROPRIATIONS FOR STATE NORMAL SCHOOLS.

No. 9.

Supreme Court of Alabama

February 14, 1930

(Syllabus by the Justices.

Where an appropriation has already been made by the Legislature out of the state treasury to the state board of education for the purpose of providing additions to the grounds, buildings and equipment, and for the payment of outstanding indebtedness incurred for capital outlay, for state normal schools, except that a certain portion is to be accessible each year (Acts 1927, p. 447,§ 13), and the state board of education, in order to procure the construction of the buildings and improvements contemplated by the act, has pledged or promised the unmatured parts of the appropriation, to be turned over to the contractor or lender when accessible to said state board of education, held not to involve the creation or incurrence of a new debt against the state, as forbidden by section 213 of the Constitution.

Question of the Governor to the Justices of the Supreme Court as to the validity of certificates of indebtedness executed in anticipation of appropriations made by the Act of 1927, p 442. Question answered.

Board of education's promise of unmatured parts of appropriation for normal school construction purposes held not to "create new debt against state" (Gen.Acts 1927, p. 447, § 13; Const.1901, § 213).

Response of the Justices of the Supreme Court to question of the Governor, under Code 1923, §§ 10290, 10291:

February 13, 1930.

To the Honorable John C. Anderson, Chief Justice, and the Honorables A. D. Sayre, Lucien D. Gardner, Wm. H. Thomas, Virgil Bouldin, Joel B. Brown and Arthur B. Foster, Associate Justices of the Supreme Court of Alabama-Gentlemen:

As Governor of the state of Alabama, and under the provisions of sections 10290, 10291, Code of Alabama, as amended by Acts of 1927, p. 103, I respectfully request that you render a written opinion upon the following questions; the facts being as follows:

By an Act of the Legislature of the state of Alabama, approved August 25, 1927, Acts of 1927, p. 442, certain appropriations are made to the state board of education for the use and benefit of the state normal schools for the purpose of providing additions to the grounds, buildings and equipment and for the payment of outstanding indebtedness incurred for capital outlay.

The state board of education under the School Code of 1927 has absolute control of the property and management of the public schools of the state, of which the state normal schools are a part. Section 58 of the School Code of 1927 authorizes the state board of education to borrow money for the particular institutions within the limit of the income of the institution for the quadrennium. By a resolution...