Game and Fish Com'n v. Talbott

• Decision Date: 10 November 1933
• Citation: 251 Ky. 268,64 S.W.2d 889
• Parties: GAME AND FISH COMMISSION v. TALBOTT, Auditor of Public Accounts.
• Court: Kentucky Court of Appeals

64 S.W.2d 889

251 Ky. 268

GAME AND FISH COMMISSION v. TALBOTT, Auditor of Public Accounts.

Court of Appeals of Kentucky

November 10, 1933

Appeal from Circuit Court, Franklin County.

Action by Game & Fish Commission against J. Dan Talbott, Auditor of Public Accounts, under the Declaratory Judgment Act. From the judgment, plaintiff appeals.

Affirmed.

Joseph G. Sachs, Jr., of Louisville, for appellant.

Bailey P. Wootton, Atty. Gen., and W. R. Attkisson, Asst. Atty Gen., for appellee.

DRURY Commissioner.

The game and fish commission (hereinafter called the commission) unable to agree with the auditor, relative to its rights regarding "The Game & Fish Protection Fund," instituted this action under the "Declaratory Judgment Act" (chapter 83, Acts of 1922, § 639a--1 et seq., Ky Civ. Code Prac.) for a determination thereof, and, having been unable to get what it regarded as due it, has appealed.

This which is taken from chapter 25, Acts of 1932, and is found on page 199 thereof, is the storm center of this controversy.

"Section 50. Game and Fish Commission. For the fiscal year ending June thirtieth, one thousand nine hundred and thirty-three, there is hereby set aside and appropriated for the benefit of the Game and Fish Commission, to be expended by it for the purposes now allowed by law, or that may hereafter be allowed by law, all the fees and collections of all kinds and character now collected by law, or that may hereafter be imposed by law, for the benefit of said department, provided, however, that not to exceed fifty thousand dollars may be used for office expense and salaries including the salaries of wardens and traveling expenses."

Matters discussed concretely are more easily understood than when discussed abstractly, and, as it is stated in brief that the estimated receipts coming into this "Game and Fish Protection Fund," is about $160,000 per annum, we shall accept that estimate as correct, and use it in disposing of this appeal.

In the first part of section 50 of chapter 25, Acts 1932, all of this $160,000 is set aside and appropriated to this "Game and Fish Protection Fund."

By section 1954c-10, Ky. St., the commission may expend for the purposes there set out not more than	$80,000.00
By section 50, chapter 25, Acts 1932, a limitation is imposed upon the expenditures and the commission may expend for the purposes there set out not more than	50,000.00
There is left in the fund	30,000.00
	----------
	160,000.00

The commission contends this fund is not within the field of operations of the budget commission but that field is quite extensive and includes the game and fish commission and this fund as will appear from this which is taken from section 1992a-3, Ky. Stats.: "The term 'budget unit' as used in this act shall be construed to include each and every department, board, commission, institution, office, agency, society, association, service or other administrative organization of the state which is entitled by any provision of law to receive and expend public funds."

Its next contention is that the fund it is proposing to expend is not a public fund and it cites the definition of a public fund as given in 50 C.J., p. 854,...