In re Statehouse Bonds

• Citation: 19 R.I. 393,33 A. 870
• Parties: In re STATEHOUSE BONDS.
• Decision Date: 21 January 1896
• Court: Rhode Island Supreme Court

33 A. 870

19 R.I. 393

In re STATEHOUSE BONDS.

Supreme Court of Rhode Island.

Jan. 21, 1896.

Communication by the governor to the supreme court in the matter of the statehouse bonds.

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

We have received from your excellency a communication requesting our opinion on the following questions:

First. Authority to issue statehouse bonds to the extent of $1,500,000 was voted by the electors on November 8, 1802. By chapter 1201 of the Public Laws, passed May 24, 1893, said bonds were finally authorized. The proceeds of said bonds have been deposited in bank by the general treasurer, and interest is being allowed upon the same. The statehouse commission will probably not use, for any purposes connected with the statehouse, during the first eight months of 1896, more than $650,000. In such circumstances, can the general treasurer legally and properly use any portion of the proceeds of said statehouse bonds to pay the general expenses of the state during the first eight months of 1896, until the regular income of the state, to be received during said eight months, places the state in a position to return said money with interest to said statehouse fund?

Second. In case none of the general officers of the state have, at present, the necessary power, can the legislature, which meets January 21, 1896, authorize such temporary use of a portion of the proceeds of the said Statehouse bonds to defray the general expenses of the state as stated above?

Third. In case the proper authorities should determine to issue bonds to provide funds to pay for the land required for, and the cost of erecting, the Rhode Island State Normal School and the proposed state armory in the city of Providence, can provision be made, in the acts authorizing said bonds, to repay into the general treasury of the state such sums of money as have already been appropriated by the legislature, and expended by the Rhode Island normal school commission and the commission to erect a state armory in the city of Providence, for the purposes contemplated in the acts creating such commissions?

Fourth. Has the legislature power to authorize said repayment from the proceeds of said normal school and said state armory bonds, or must the intention to make said repayment be specified in the act, creating said bonds, to be submitted to the electors?

The proposition submitted to the people, by which...