Show 1 PRICE 11 WATER ATER BONDS ARE AllE VALID SAYS SUPREME COURT I Bonds Bond's issued by the city of Price amounting to issued under the law which permits cities towns town townsand and had school districts to to issue bonds to tc toan toan an an amount of 12 per cent of the the the- theas as as- as I Messed value of the property within th the boundaries of the municipality or district 1 are v valid lid and comply with the requirements of the constitution I of Hof of the state according to to an opinion handed down by Justice Albert J J. J Weber of the state supreme court I The Tire opinion upholds the contention that under provisions of the constitution a article which provides that provides that T prop amendment to the constitution tion W the state need not be entered I I at length In the journals of the two houses of of the Legislature Legislature reI re I Arthur J. J Lee ot of Price sought to l. l enjoin the municipality from issuing of the bonds on the ground I i that hat the amendment t to the constitution constitution tio tion tion which permitted the city to vote I the the- bonds had not been properly adopted in that Article 23 of the I constitution prescribing how amendments amend amend- ments to that Instrument may belade be made lade had not been followed This contention is set aside the court ruling This hi inquiry involves a construction construction construction tion of the language employed such proposed proposed sed amendment or amendments shall be entered on their respective Journals The provision just quo quoted ed edIs Is mandatory and if the verb entered entered Centered enter Center ed is synonymous with or means means en entered ent t red at large or entered In iii full the constitutional provision has not been lIeen complied with In our opinion to to enter does not necessarily mean to copy or to and to tp enter enter enter en en- ter upon the journals does not Imply that an amendment must be copied In full or entered at largo upon the journals of both houses of the legislature legislature legislature legis legis- lature or of either of them Among the for formers of our state constitution were l 1 lawyers jurists and aid publicists of ot signal ability and varied ence Their work was done with care and deliberation G General Practice Cited Ever ver since the adoption of the tho constitution the practice in the Legislature Legislature Legis Legis- I lature has been to enter proposed amendments by reference only andriot and riot in fullIn fullIn fullIn full In our opinion It would do vie vio- lence Jence to both the spirit and letter of the he law to hold that the formal en entry entry en- en try on on- the legislative journals is subject to some technical criticism i and that therefore the amendment shou should d be declared void and Invalid and the expressed will of the people thwarted In the opinion In the prohibitory prohibitory pro amendment cases cases 24 Kansas Kansas Kan Kan- sas sas Mr Justice Brewer who thereafter served with distinction as sa asa asa a member of the supreme court of the United States States brushed aside all technicalities technicalities tech tech- and discussed the questions in clear forceful words maintaining that a proposition to amend the constitution constitution con con- is a civil proceeding in which those omissions and nd errors which which work no wrong to substantial rights are to be disregarded 1 |