William Strong

“ It is true the sale is ordered to be made under the lien reserved to the State, referring, doubtless, to the mortgage taken under the act of 1851, and it is also true that by that act it was enacted that if either of the companies to which bonds might be issued should make default in the payment of either principal or interest of the said bonds, the governor might sell their road by auction, giving six months' notice, or buy it in for the use of the State, but these provisions were no part of the lien. ”

“ The company alleges that the State sold its interest in the road, and that the State's lien was foreclosed by the act of sale. So far the purposes of the act are indicated by the title, and so far the act cannot be void. Different and incongruous subjects are not brought together in the act, but the provisions as to the sale of the road, and the foreclosure of the State's lien thereon, relate to but one subject within the meaning of the constitutional provision, and this subject is expressed in the title. ”

“ The constitution was plainly intended to prohibit them, and, therefore, language was employed denying the power to release the lien, and saying nothing of the debt. Certainly there is no expressed restriction of legislative power over the debt itself. If any exists it must be supplied by implication. ”

“ The legislature may well have been trusted with the management of the obligation, responsible only to its constituents, while the security for the fulfilment of the obligation may have been withdrawn from its control. ”

“ This clause severs this subject from the general discretion of the supreme law-making power, and confines the discretion to dealing as creditor with debtor, in respect of the property and value involved. ”

“ On the 31st day of March, 1868, the road was in a bad condition as to repairs and equipments, and the company owed a floating debt of $1,092,848, an unadjusted debt of about $200,000, and the first instalment of the Dresden bonds, amounting to $500,000. Of its stock $3,614,500 was held by citizens and municipalities of Missouri-over $2,000,000 by St. ”