22 Minn. 196 | Minn. | 1875
This case raises only the question, is the act of the legislature of March 10, 1873, entitled ‘ ‘ An act to amend section one hundred and thirty-one, of title five, of chapter eight, of the general statutes, relating to the duties of county treasurers, and the care of the public funds,” (Laws 1873, ch. 38,) constitutional and valid?’ The part of this act which is brought most directly in question is in these words : “ All the funds of any of said counties in this state shall be deposited by the county treasurer in one or more designated national banks, or state or private bank or banks, on or before the first day of each month, in the name of the proper county of which said board are officers ;” the bank or banks to be designated by the board of auditors provided by the act, and such bank to give security as therein required.
Upon all proper subjects of legislation the legislature of
It is claimed by the appellant, first, that this disables the legislature to pass any act which shall provide for depositing any part of the funds of the state in banks; second, that the “funds of the county” are (in part) state and school funds — that is, that a part of the funds brought into the county treasuries belong to the state; third, that the law of 1873 contemplates a deposit of all the funds in the county treasury, whether raised for state, county, school, or other purposes, and that it, therefore, provides for depositing in banks the funds of the state, and so violates § 12, art. 9, of the constitution.
We think the appellant is right in claiming that the act in question applies to all the funds in the county treasury, without regard to the purposes or uses for which they were raised; but without expressing any opinion as to whether or not the provisions of § 12, art. 9, of the constitution were intended to limit the control of the legislature over the funds of the state, we think clearly that the funds referred to in that section are not those which are in process of collection, or which are in the county treasuries, and which have not been distributed and paid over to the various municipalities for whose use they may have been collected.
It is argued that the act is so indefinite and defective that it cannot be carried out, because it places the funds beyond the control of the disbursing officer of the county — the treasurer. We do not so understand the act. In the absence of any provision to the contrary, it must be presumed that the act intends that the moneys are to be deposited, to be checked out-by the treasurer whenever he is required to-make payments out of such moneys.
Order affirmed.