15 Utah 467 | Utah | 1897
The plaintiff presents his affidavit and petition to the court, in which he alleges that he is a resident and taxpayer of Salt Lake county, Utah; that the board of county commissioners of said county are about to issue county bonds to the amount of $120,000, with the intention of selling them and of applying their proceeds to the payment of indebtedness to that amount; that the indebtedness accrued prior to the 4th day of January, 1896; that the supreme court of the late territory of Utah held $89,568.32 of the $120,000 invalid because it exceeded the debt limit of the county as fixed by statute of the territory; that an act of the legislature of the state of Utah in force June 5, 1896, validated the same. Plaintiff insists that the sum of $89,568.32 must be regarded as indebtedness of 1896, and that the board has no authority to bond it. The plaintiff also alleges that $30,432, the residue of the $120,000, was valid indebtedness of the county, and evidenced by war
1. As to whether the $89,568.32 should be regarded as 1895 or 1896 indebtedness: This indebtedness was invalid because it exceeded the debt limit fixed by an act of the territorial legislature. Therefore that legislature had the power to raise the limit and authorize the indebtedness, but the state legislature of 1896 ratified such action of the board in creating it without authority, validated the indebtedness, and authorized the issuance of bonds to provide money with which to pay it. Sess. Laws Utah 1896, pp. 179, 524. The consideration for the indebtedness was received by the county in 1895, though the promise to pay at that time was invalid, and remained so until the act of June 5,1896. That act validated the indebtedness, and thereby the promise. B-ut for the consideration and the illegal promise in 1895, the law of 1896 would have been of no avail. The legislature could not, ipso facto, without any consideration, by its own fiat impose indebtedness upon the county. The people did not intrust such arbitrary and absolute power to the legislature to impose upon them such unjust burdens. We must regard the $89,568.32 as indebtedness of the county existing before statehood.