Oklahoma Capitol Imp. Authority, Application of

• Citation: 410 P.2d 46,1966 OK 6
• Decision Date: 25 January 1966
• Docket Number: No. 41709,41709
• Parties: Application of the OKLAHOMA CAPITOL IMPROVEMENT AUTHORITY for the approval of the issuance of $1,200,000 State Department of Public Safety Building Revenue Bonds and the sale thereof to the State Treasurer of the State of Oklahoma.
• Court: Supreme Court of Oklahoma

Page 46

410 P.2d 46

1966 OK 6

Application of the OKLAHOMA CAPITOL IMPROVEMENT AUTHORITY

for the approval of the issuance of $1,200,000 State

Department of Public Safety Building Revenue Bonds and the

sale thereof to the State Treasurer of the State of Oklahoma.

No. 41709.

Supreme Court of Oklahoma.

Jan. 25, 1966.

Syllabus by the Court

1. In matters of general public interest, matters which directly affect the sovereign rights and power of the state, the Legislature has power, under Art. 7, Sec 2, Oklahoma Constitution, to confer original jurisdiction upon this court.

2. In construing the constitutionality of a statute, the Supreme Court is not authorized to consider its propriety, desirability, wisdom, or its practicability as a working proposition. Those questions are clearing and definitely established by our Fundamental law to a certainty as functions of the legislative department of government. The function of the court is clearly limited to the determination of the validity or invalidity of the Act. There is a presumption that the Act is constitutional.

3. The Legislature, unless prohibited by the Constitution, has the right to declare fiscal policy, and the question as to the wisdom of the policy is not within the scope of the authority of the Supreme Court.

4. Courts must sustain statutes, if possible, and nullify them only when they are clearly unconstitutional.

5. Bonds issued by Oklahoma Capitol Improvement Authority, created a body corporate and politic, and designated an instrumentality of the State (73 O.S.1961 §§ 151-166; and House Bill No. 1088, 30th Oklahoma Legislature) to be paid exclusively from revenue earned or received by facilities of the instrumentality in their authorized operation would not create a debt in violation of constitutional prohibition against the state or any department, institution or agency thereof.

6. Record examined and bonds of Oklahoma Capitol Improvement Authority in principal amount of $1,200,000, as is provided by House Bill 1088, 30th Oklahoma Legislature (73 O.S.1965 Supp. § 153-A), are approved and purchase of said bonds by State Treasurer as an investment of public monies from funds in his possession in excess of those needed to meet current expenditures, in accordance with Title 62, Chapter 1c, Oklahoma Session Laws 1959 (73 O.S.1961 §§ 151-166), approved.

Original Proceeding brought by Oklahoma Capitol Improvement Authority for the approval of the issuance and purchase by the State Treasurer of the State of Oklahoma of State Department of Public Safety Building Revenue Bonds in the principal sum of $1,200,000. Issuance and purchase of bonds approved.

Charles Nesbitt, Atty. Gen., James R. Fuson, Asst. Atty. Gen., for Capitol Improvement Authority.

WILLIAMS, Justice.

This is an original proceeding instituted by Oklahoma Capitol Improvement Authority for the approval of the issuance and sale by it and the purchase by the State Treasurer of the State of Oklahoma, of State Department of Public Safety Building Revenue Bonds proposed to be issued by said Authority in the principal amount of $1,200,000 under the provisions of House Bill No. 1088 of the 30th Oklahoma Legislature (73 O.S.1965 Supp. § 153-A).

The application was filed and is presented to this court after giving the notice provided for in 73 O.S.1961 §§ 151-166. These sections are made applicable, insofar as they are not in conflict, by the 1965 enactment to which we have referred. No protest or opposition has been filed or made to the application of the Authority.

Such House Bill No. 1088 of the 30th Oklahoma Legislature is self-described in its title as being: An Act relating to the Oklahoma Capitol Improvement Authority; authorizing such authority to acquire land for and erect buildings for the Department of Public Safety; providing for the issuance of revenue bonds therefor; specifying location; prohibiting commingling of bonds, income and expenses with prior projects; making 73 O.S.1961, §§ 151 through 166, applicable hereto; specifying codification; and declaring an emergency. Such Act authorizes the erecting, operating and maintaining of a building or buildings for the use of the State Department of Public Safety and the payment of the costs of such projects by the issuance and sale of negotiable revenue bonds, repayable solely from the income and revenues to be derived from such projects (rents, etc.). The enactment authorizes and directs the State Treasurer to purchase, as an investment of public monies in his possession, and the Authority is authorized and directed to sell to the State Treasurer, at private sale, at par, all of the issue. It prohibits the State Treasurer from selling or disposing of the bonds without prior...