48 THE FISCAL PROBLEM IN MISSOURI
fully guarded and that indebtedness should be incurred only
under certain narrowly prescribed circumstances.
Section 44, Article IV, of the Constitution, in its original
form,! provided that the General Assembly shall have no
power to authorize the contracting of state indebtedness,
except in the following cases: First, indebtedness may be
incurred in renewal of existing bonds, that is, for refunding
purposes, when resources in the sinking fund or otherwise
available do not permit their retirement at maturity. This
provision by itself cannot result in the incurring of any addi-
tional indebtedness. Second, indebtedness not to exceed
$250,000 for any one year may be incurred in the event of
an unforeseen emergency or casual deficiency of the revenue.
Such temporary liability can be created only on recommenda-
tion of the Governor and must be paid in not more than two
years. Third, the General Assembly is given constitutional
authority to submit an act to the electorate providing for
the incurring of indebtedness not to exceed $250,000 for any
one year. The Act must provide for a tax sufficient to meet
interest and principal payments, the latter to extend over a
period of not more than thirteen years. A two thirds ma-
jority vote is required for ratification.
These constitutional restrictions are among the most
severe found in state constitutions in the United States.
It is obvious that the current practice of financing state
developments through borrowing could be introduced only
after Section 44 of the constitution had been duly amended.
Before considering the amendments of 1920 and later years,
other limitations that have been a part of the fundamental
law since 1875 should be mentioned.
Section 45? of the constitution provides: “The General
Assembly shall have no power to give or to lend, or to
authorize the giving or lending of the credit of the State in
aid of or to any person, association or corporation whether
municipal or other, or to pledge the credit of the State in any
manner whatsoever, for the payment of liabilities, present
or prospective, of any individual, association of individuals,
municipal or other corporation whatsoever.” The origin of
this section is closely linked with the period in Missouri’s
1 As approved October 30, 1875. 2 Article IV,