State Ex Rel. Goshorn v. Johnson

Citation135 S.E. 899
Decision Date23 November 1926
Docket Number(No. 5722.)
PartiesSTATE ex rel. GOSHORN v. JOHNSON, State Treasurer.
CourtSupreme Court of West Virginia

135 S.E. 899

STATE ex rel. GOSHORN
v.
JOHNSON, State Treasurer.

(No. 5722.)

Supreme Court of Appeals of West Virginia.

Nov. 23, 1926.


(Syllabus by the Court.)

One seeking relief by mandamus must show a clear legal right to the remedy.

(Additional Syllabus by Editorial Staff.)

Under Acts 1925, c. 8, party not showing necessity for alleged employment by secretary of board of finance against protest of majority of its members, nor that he had performed specific service thereunder, is not entitled to mandamus to secure payment of salary.

Original proceeding by the State, on the relation of P. H. Goshorn, for mandamus to be directed to W. S. Johnson, State Treasurer. Writ denied.

England & Ritchie, of Charleston, for relator.

T. C. Townsend, of Charleston, for respondent.

LITZ, P. The relator, P. H. Goshorn, seeks a peremptory writ of mandamus compelling the respondent W. S. Johnson, state treasurer, to honor a warrant in the sum of $200 drawn by John C. Bond, as auditor, on a state fund designated "salary for clerk hire to board of finance, " for alleged services rendered by the relator in behalf of the board of finance during the month of February, 1925.

Chapter 8, Acts of the Legislature 1925, known as the "New State Depository Law, " was enacted for the purpose (stated in the enacting clause) of "amending and re-enacting sections one, two, and three of chapter seventeen of Barnes' Code of one thousand nine hundred and eighteen, and adding sections la, lb, lc, 2a, 2b, 3a and 3b relating to depository banks; requiring the board of public works to designate a sufficient number of banks as inactive depositories and a number as active depositories in each senatorial district; providing a minimum rate of interest on deposits to be charged active and inactive depositories; reducing the minimum amount of depository bonds from fifty thousand dollars to ten thousand dollars; prohibiting depositories from accepting deposits of state funds for an amount greater than their combined capital stock and surplus; providing a prompt and efficient method of stopping deposits being made in an insolvent depository, and for removing funds already on deposit in same without advertising its financial condition; providing that all moneys collected for or on behalf of the state shall be turned over to the state treasurer and by him promptly paid into the state treasury; requiring the state treasurer to keep at all times the inactive funds in the treasury distributed among the fifty-five...

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