State v. Eagleson

• Decision Date: 12 June 1919
• Citation: 181 P. 935,32 Idaho 280
• Parties: STATE OF IDAHO, on the Relation of W. J. HALL, Commissioner of Public Works, and ROY L. BLACK, Attorney General, Plaintiff, v. JOHN W. EAGLESON, Treasurer of the State of Idaho, Defendant
• Court: Idaho Supreme Court

181 P. 935

32 Idaho 280

STATE OF IDAHO, on the Relation of W. J. HALL, Commissioner of Public Works, and ROY L. BLACK, Attorney General, Plaintiff, v. JOHN W. EAGLESON, Treasurer of the State of Idaho, Defendant

Supreme Court of Idaho

June 12, 1919

CONSTITUTIONAL LAW-PUBLIC DEBTS-TREASURY NOTES.

1. The issuance and sale of treasury notes, in conformity to Sess Laws 1919, chap. 95, does not incur an indebtedness within the meaning of art. 8, sec. 1, of the constitution of Idaho.

2. The court will take judicial notice of the contents of the journals of the Houses of the legislature.

Original application for writ of mandate. Alternative writ issued and demurrer to answer sustained.

Demurrer sustained.

Roy L Black, Attorney General, and Dean Driscoll, Assistant, for Plaintiff.

Frank Martin and I. N. Sullivan, for Defendant.

MORGAN, C. J. Rice and Budge, JJ., concur.

OPINION

MORGAN, C. J.

This is an original application for a writ of mandate commanding the defendant to perform certain duties devolving upon him as state treasurer pursuant to the provisions of Sess. Laws 1919, chap. 95, p. 353. That chapter provides for the issuance and sale of treasury notes in anticipation of revenues to be raised by taxes already levied for the years 1919 and 1920 for the benefit of the state highway fund. It is similar to chapter 94, of the same Session Laws, enacted for the purpose of anticipating revenue to accrue in the general fund, which last-mentioned chapter was under consideration in case of State of Idaho on Relation of Roy L. Black, Attorney General, v. John W. Eagleson, Treasurer, ante, p. 276, 181 P. 934.

In this case, as in that, the defendant answered, in effect, that if treasury notes be issued as prayed for, the indebtedness thereby created will, together with the bonded indebtedness of the state now outstanding, be in excess of the amount permitted by art. 8, sec. 1, of the constitution. The answer was demurred to on the ground that it does not state facts sufficient to constitute a defense. On authority of the case above cited the defendant's contention in this case will be resolved against him, the court holding that the issuance of treasury notes, in conformity to Sess. Laws 1919, chap. 95, does not incur an indebtedness within the meaning of art. 8, sec. 1, of the constitution of Idaho.

It is further alleged in the answer that chap. 95 of the Sess. Laws 1919, is not a law of the state of Idaho, for the reason that it was not read on three several days in the House of Representatives, and that the provisions of art. 3, sec. 15, of the constitution were not dispensed with. That section provides: "No law shall be passed except by bill . . . . nor shall any bill become a law unless the same shall have been read on three several days, in each house, previous to the final vote thereon.

"Provided, in case of urgency, two-thirds of the house where such bill may be pending, may, upon vote of the yeas and nays, dispense with this provision. . . . "

It appears from the answer that the matter relied upon by defendant as a failure to conform to the provisions of the constitution consists of a record appearing in the House journal of the...