Glover v. Sims, No. 8962.

• Court: Supreme Court of West Virginia
• Writing for the Court: MAXWELL
• Citation: 3 S.E.2d 612
• Parties: GLOVER . v. SIMS, Auditor of W. Va.
• Docket Number: No. 8962.
• Decision Date: 20 June 1939

3 S.E.2d 612

GLOVER .
v.
SIMS, Auditor of W. Va.

No. 8962.

Supreme Court of Appeals of West Virginia

June 20, 1939.

[3 S.E.2d 612]

.

Syllabus by the Court.

1. A legislative declaration of fact should be accepted by the courts unless there is strong reason for rejecting it.

2. Section 38 of Article VI of the West Virginia Constitution provides that the legislature shall not "authorize the payment of any claim or part thereof, hereafter created against the State, under any agreement or contract made, without express authority of law; and all such unauthorized agreements shall be null and void." This inhibition "does not apply to claims predicated upon simple justice and right" (Slack v. Jacob, 8 W.Va. 612, 633), and does not prevent the legislature from making appropriation to discharge a claim not based on an illegal contract.

3. The Act of the Legislature of 1939, denominated House Bill No. 405, making appropriation of state funds for the discharge of specified indebtedness of the athletic department of the University of West Virginia, held constitutional and valid.

4. A peremptory writ of mandamus will issue to require the discharge by a public official of a non-discretionary duty.

Original mandamus proceeding by John F. Glover against Edgar B. Sims, Auditor of West Virginia, to compel the respondent to issue a warrant on the State Treasurer for the sum of $2,794.55, in conformity with a requisition made on the Auditor by the West Virginia Board of Control.

Writ awarded.

Ritchie, Hill & Thomas and Chas. Ritchie, all of Charleston, for petitioner.

Clarence W. Meadows, Atty. Gen., and Ira J. Partlow, Asst. Atty. Gen., for respondent.

MAXWELL, Judge.

By this original jurisdiction proceeding in mandamus, the relator, John F. Glover, seeks to compel respondent, the Honorable Edgar B. Sims, Auditor of the State of West Virginia, to issue in favor of the relator a warrant on the State Treasurer for the sum of $2,794.55, in conformity with a requisition which has been made on

[3 S.E.2d 613]

the Auditor by the West Virginia Board of Control.

The legislature of 1937 appropriated for the fiscal year 1937-38 the sum of $75,000.00 and for the fiscal year 1938-39 $55,000.00 "for full payment of all outstanding open accounts of the Athletic Department of West Virginia University, to be expended as the Board of Control may direct." Acts 1937, Chapter 1, Title 2, Section 1, Item 39, Account No. 300. No disbursements having been made under that appropriation, the legislature of 1939 gave the matter further attention and made another enactment denominated House Bill 405, respecting the same subject matter. By this later enactment, the legislature re-appropriated the sums set forth above in the 1937 appropriation act. In addition, the later act recites in detail the various accounts which are covered by the appropriation, among which is the relator's claim herein involved. The 1939 act also contains the following legislative declaration: "It is the finding of the Legislature: That the above listed unpaid accounts and obligations in relation to athletic activities at West Virginia University represent indebtedness authorized and incurred (largely during the years 1930-1933) by the regularly constituted authorities of the University; That these accounts were not paid and the deficit thus created because athletic income, actually available for the payment of these accounts at that time, was diverted to pay interest and principal on outstanding bonds of The West Virginia University Stadium Corporation; That the legislature of one thousand nine hundred thirty-seven approved these obligations and accounts and appropriated the necessary sum to pay said obligations and accounts in...