State ex rel. Marlay v. Liedtke

• Decision Date: 08 January 1880
• Citation: 4 N.W. 68,9 Neb. 462
• Parties: STATE OF NEBRASKA EX REL. JOSEPH K. MARLAY v. F. W. LIEDTKE, AUDITOR.
• Court: Nebraska Supreme Court

9 Neb. 462

4 N.W. 68

STATE OF NEBRASKA EX REL. JOSEPH K. MARLAY

v.F. W. LIEDTKE, AUDITOR.

Supreme Court of Nebraska.

Filed January 8, 1880.

Application for mandamus.

John D. Hayes, for relator.

COBB, J.

The act of the legislature entitled “An act to provide for the payment of the salaries of the officers of the state government, penitentiary, hospital for the insane, institute for the blind and deaf and dumb, for the years 1879 and 1880,” fixes the salary of the relator at $1,200 per annum, and appropriates $2,400 for the purpose of paying the same for the years 1879 and 1880. Such are the provisions of the law as published, and as it appears in the enrolled act on file in the office of the secretary of state.

It would not avail the relator in this action if it were true, as suggested, that a senate amendment to house roll 52, raising his salary to $1,500 per year, and appropriating $3,000 to pay the same for said two years, was agreed to in the committee of conference, and reported to and adopted in each house respectively; for even then the law in that shape would lack one essential of legislation, namely, approval by the executive. I will, therefore, decline to look into the journals to ascertain whether the relator's history of the bill in question be correct or not; because, if correct in every particular, it would not avail him here. The writ must therefore be denied.

Writ denied.