Summary

Portrait of Stephen Johnson Field Stephen Johnson Field Jarrolt v. Moberly — Opinion of the Court

It is true that a loan implies a return of the thing loaned at some future day. A loan of credit would, therefore, seem to require that the party receiving its benefit should provide for its cancellation by the payment of the bonds issued. This being so, it would be unreasonable to hold that, whilst the framers of the Constitution intended to prohibit a temporary use of the credit of a municipality without the previous assent of two-thirds of its qualified voters, they were willing that the absolute grant of the credit should be made without such assent.
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Jarrolt v. Moberly — Opinion of the Court

It would be a narrow constitutional provision to hold constitutional lprovision to hold that it prohibited the creation of indebtedness by a municipality by a direct use of its credit for the railway company, and yet permitted such creation by the indirect use of it for the same purpose. A constitutional provision should not be construed so as to defeat its evident purpose, but rather so as to give it effective operation and suppress the mischief at which it was aimed.
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Jarrolt v. Moberly — Opinion of the Court

Aid in this way to companies, particularly such as were organized for the construction of railroads, was given so frequently by municipal bodies in Missouri, before the Constitution of 1865 went into effect, as in many instances to greatly embarrass and subject them to burdensome and oppressive taxation to provide for the interest on their obligations and the ultimate payment of the principal.
Source: Wikisource

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