WALLACE v. BAKER

SC 1545.

336 So.2d 156 (1976)

George C. WALLACE et al. v. John BAKER et al.

Supreme Court of Alabama.

Rehearing Denied August 27, 1976.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., George L. Beck, Deputy Atty. Gen., and Joel E. Dillard, Asst. Atty. Gen., for appellants.

Truman Hobbs and Robert D. Segall, Montgomery, for appellees.


MADDOX, Justice.

Can the Governor, by executive order, appropriate public funds for education when the Legislature adjourns without passing an appropriation bill? We hold that he cannot, and affirm the trial court.

Section 43 of our State Constitution prohibits the Executive branch from exercising either legislative or judicial powers. Section 72 of our Constitution specifically prohibits the payment out of the treasury of money "except upon appropriations...

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