In Re Funding Bonds of 1941, Series A.

1941 OK 391, 119 P.2d 558, 190 Okla. 8, 1941 Okla. LEXIS 365
CourtSupreme Court of Oklahoma
DecidedDecember 1, 1941
DocketNo. 30685.
StatusPublished
Cited by5 cases

This text of 1941 OK 391 (In Re Funding Bonds of 1941, Series A.) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Funding Bonds of 1941, Series A., 1941 OK 391, 119 P.2d 558, 190 Okla. 8, 1941 Okla. LEXIS 365 (Okla. 1941).

Opinion

PER CURIAM.

This is an original proceeding brought in the Supreme Court through the Oklahoma Funding Bond Commission, pursuant to the provisions of chapter lb, title 62, Oklahoma Session Laws 1941, page 268 (Senate Bill No. 230, enacted by the Eighteenth Legislature of the State of Oklahoma), for the purpose of funding certain outstanding and unpaid state warrants issued against the general revenues of the State of Oklahoma for the fiscal years ending June 30, 1940, and June 30, 1941, aggregating with interest thereon to December 15, 1941, the sum of $17,226,-054.68. It is made to appear from the application and evidence submitted in support thereof that it is the purpose of the Oklahoma Funding Bond Commission to fund said state warrant indebtedness by the issuance of negotiable coupon bonds of the State of Oklahoma, designated “Funding Bonds of 1941, Series A,”'in the sum of $17,226,— 054.68, dated December 15, 1941, and maturing $1,150,000 on June 30th of each of the years 1942 to 1955, inclusive, and $1,126,054.68 on June 30, 1956. Said bonds are to be issued in exchange for the simultaneous surrender, payment, and cancellation of said warrants on a par for par basis plus interest on the warrants to the date of said funding bonds, December 15, 1941.

Chapter lb, title 62, Oklahoma Session Laws 1941, page 268, is similar to the act considered by this court in the case of In re State Funding Bonds of 1939, Series A, 185 Okla. 10, 90 P. 2d 19, and that case is determinative of a number of the questions in this proceeding. Section 4 of the present act conferred original jurisdiction upon the Supreme Court to hear and determine this application to fund. This was within the power conferred upon the Legislature by section 2, art. 7, Oklahoma Constitution. El Reno Wholesale Grocery Co. v. Taylor, County Treas., 87 Okla. 140, 209 P. 749.

The application of the state to fund was filed in the office of the Clerk of the Supreme Court on the 19th day of November, 1941. Notice was published in a legal newspaper having a general circulation throughout the State of Oklahoma, the Daily Oklahoman, for ten consecutive days, the first publication being on November 21, 1941, and the last publication being on November 30, 1941. The notice stated that the application would be presented to the Supreme Court on the 1st day of December, 1941, at 9 o’clock a. m., to approve $17,226,054.68 of bonds to fund *10 and pay a like amount of warrant indebtedness of the State of Oklahoma, and that any and all persons interested might file a protest against the issuance of the bonds and be present at said hearing and contest the issuance of said funding bonds or any part thereof. This notice was sufficient to put any person interested upon inquiry. We, therefore, find and determine that the notice which was published is a sufficient and legal notice; that the same was published and given in conformity to the provisions of section 4 of said act, and that the same constitutes due and proper notice of this proceeding. In re State Funding Bonds of 1939, Series A, 185 Okla. 10, 90 P. 2d 19.

On the 1st day of December, 1941, at 9 o’clock a. m., the Attorney General appeared before the Supreme Court and presented the application, and the matter was referred to a justice of the court for the taking of testimony. No protest was filed against the issuance of the bonds or any part thereof and no one appeared to contest the issuance of the bonds or any part thereof. The applicant, the State of Oklahoma, through the Attorney General, submitted testimony in proof of the existence, validity, and amount of the state warrants sought to be funded and requested the court to approve the $17,226,054.68 of the State of Oklahoma “Funding Bonds of 1941, Series A,” dated December 15, 1941.

Chapter lb involves many details, but the fact that an act involves many details does not offend the requirement that each act shall embrace but one subject, if all the details relate to the same general subject. C. C. Julian Oil & Royalties Co. v. Capshaw, 145 Okla. 237, 292 P. 841. The act under consideration embraces but one general subject which is expressed in its title, the funding of certain state indebtedness, and therefore does not violate section 57, art. 5, Oklahoma Constitution.

The warrants proposed to be funded, approximately 100,000 in number, were introduced in evidence and are prima facie valid. City of Sulphur v. State, 62 Okla. 312, 162 P. 744; Hamilton Twp. of Okmulgee County v. Underwood, 81 Okla. 256, 198 P. 300; Excise Bd. of Creek County v. Gulf Pipe Line Co., 156 Okla. 103, 9 P. 2d 460; In re Funding Bonds of 1935, Series A, 173 Okla. 622, 50 P. 2d 221. The evidence submitted also disclosed that said warrants were drawn against the general revenues of the state for the fiscal years ending June 30, 1940, and June 30, 1941; that said warrants were drawn by the State Auditor on claims against the State of Oklahoma which were audited and allowed by the State Auditor; that the warrants were within the amounts of valid appropriations against which they were drawn and were for the purposes for which said appropriations were made; that the warrants had been registered as nonpayable by the State Treasurer because there were no funds on hand in the State Treasury to pay the same; that none of said warrants has been paid, but all are outstanding unpaid obligations of the State of Oklahoma, and that there are no moneys on hand in the State Treasury to pay the same; that said warrants were drawn against the appropriations made by law for the fiscal years ending June 30, 1940, and June 30, 1941, as set forth in the Session Laws of Oklahoma of 1939 and 1941 and the Statutes of Oklahoma; that all of said warrants were issued to pay obligations of the State of Oklahoma which were incurred prior to July 1, 1941; that said warrants aggregate the principal sum of $16,534,904.08, and with interest at the rate of 4 per cent from the date of their registration as nonpayable to December 15, 1941, the total sum of $17,226,054.68. We, therefore, find and determine the said legal warrant indebtedness of the State of Oklahoma to exist in the total sum of $17,226,054.68 as of December 15, 1941, and that said warrants are valid and existing obligations of the State of Oklahoma subject to being funded in accordance with the provisions of Senate Bill No. 230 of the Eighteenth Legislature, chapter lb, title 62, Oklahoma Session Laws 1941, page 268.

The resolutions adopted by the Oklahoma Funding Bond Commission au *11 thorizing the issuance of said bonds and prescribing their form and fixing the other details of their issuance were introduced in evidence. Said bonds are dated December 15, 1941, and mature $1,150,000 on June 30, 1942, to 1955, both inclusive, and $1,126,054.68 on June 30, 1956. The bonds are numbered from 1 to 17227, and are of denomination of $1,000 each except bond No. 17227 is for $54.68. The bonds bear interest evidenced by coupons attached to the bonds which mature semiannually on the 15th day of June and December of each year except the last coupon on each bond matures on the date the bond matures to which it is attached and is for six and one-half months’ interest.

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1941 OK 391, 119 P.2d 558, 190 Okla. 8, 1941 Okla. LEXIS 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-funding-bonds-of-1941-series-a-okla-1941.