State ex rel. McCue. Atty. Gen. v. Lewis

• Court: North Dakota Supreme Court
• Writing for the Court: FISK
• Citation: State ex rel. McCue. Atty. Gen. v. Lewis, 18 N.D. 125, 119 N.W. 1037 (N.D. 1909)
• Decision Date: 29 January 1909
• Parties: STATE ex rel. McCUE. Atty. Gen., v. LEWIS, Auditor.

18 N.D. 125

119 N.W. 1037

STATE ex rel.McCUE. Atty. Gen.,

v.LEWIS, Auditor.

Supreme Court of North Dakota.

Jan. 29, 1909.

Syllabus by the Court.

By chapter 23, p. 18, Laws 1907, the Legislature appropriated the total sum of $86,600 for the purpose, as stated, “of paying the current and contingent expenses and for permanent improvements of the Institution for the Feeble-Minded at Grafton for the period beginning March 1, 1907, and ending March 1, 1909.” Out of such sum but $11,500 was appropriated for maintenance of said institution. By chapter 237, p. 374, Laws 1907, “the person legally responsible for the support of any person * * * admitted to said Institution shall pay semiannually to * * * said institution the sum of fifty dollars; but, if the person so liable, be unable to pay such sum * * * it is hereby made a charge upon the county.” Such act requires the county auditor, when furnished with certain proof therein required, to transmit to the superintendent of such institution his warrant as such auditor for the sum of $50 every six months, such payments, or so much thereof as may be necessary, to be expended in providing suitable clothing for the inmate, any excess remaining to be covered into the state treasury at stated times and credited to the fund for the maintenance of the institution.

Held, that said acts are in pari materia, and, when construed together, they clearly disclose the legislative intent that the appropriation of $11,500 for maintenance of such institution should be supplemented to the extent of payments required to be made under the provisions of chapter 237 aforesaid.

The fact that such institution has sufficient money in its maintenance fund derived from the appropriation and voluntary payments made pursuant to the provisions of chapter 237, p. 374, Laws 1907, by other counties and by persons legally liable for the support of inmates, is no defense in a proceeding by mandamus to compel the county auditor of C. county to transmit his warrant to the superintendent of such institution, as required by chapter 237 aforesaid.

It is undoubtedly within the power of the Legislature to take charge of and provide for the indigent insane and feeble-minded persons within its boundaries by general taxation, and to relieve the several counties from such burden except as they bear their proportion through such taxation. It is equally within the power of the Legislature to require each county to maintain its own indigent persons, or to reimburse the state in whole or in part for so doing. The fact that the institution for the feeble-minded is a state institution in no manner restricts or limits the Legislature in the exercise of such power. There is nothing in the provisions of section 174 of the Constitution of this state which deprives the Legislature of the exercise of such power.

The contentions that chapter 237 aforesaid is unconstitutional as being violative of sections 69, 172, 174, and 186 of the state Constitution, are not sustained.

The provision for “maintenance,” in Laws 1907, p. 18, c. 23, making appropriations for the Institution of the Feeble-Minded at Grafton, does not include employé's wages, fuel, etc., for which specific sums were appropriated, but does include the cost of food and clothing of inmates; there being no specific appropriation for these items.

Appeal from District Court, Cass County; Pollock, Judge.

Mandamus by the state, on the relation of T. F. McCue, Attorney General, against Arthur G. Lewis, as auditor of Cass county. Judgment for relator, and defendant appeals. Affirmed.Barnett & Richardson, for appellant. Jeff M. Meyers, for respondent.

FISK, J.

As stated by appellant's counsel: “The above-entitled action is a proceeding brought by the Attorney General of the state of North Dakota against the defendant, as county auditor of Cass county, asking for the issuance of a writ of mandamus directing said defendant to transmit to the superintendent of the Institution for the Feeble-Minded of Grafton, N. D., three warrants in the sum of $50 each, payable to said superintendent, by virtue of the provisions of chapter 237, p. 374, of Laws 1907, and particularly section 1167, Rev. Codes 1905, as amended by said act. This section provides that, if the county judge of the county from which any indigent inmate is admitted shall certify that such inmate is unable to pay the sum of $50 semiannually to the said institution, it is made the duty of the county auditor to transmit a county warrant for $50 semiannually for each patient so situated upon presentation of the proper certificate of the superintendent from said institution. It is admitted that on July 1, 1907, there were three inmates in said institution which had been admitted to said institution from Cass county, and that said inmates are dependent upon the county for support and are indigent, and that the county judge of Cass county has duly certified to that effect in Exhibits A, B, and C. It is also admitted that proper certificates have been presented by the superintendent of the said institution to this defendant demanding that the defendant transmit his warrant under the terms of chapter 237 of the Laws of 1907 aforesaid, and that the defendant refused, and still does refuse, to so transmit his warrant. Thereupon the above-entitled proceeding was commenced seeking to compel this defendant to issue his warrant according to the provisions of section 1167, aforesaid. No question is raised in this proceeding as to the solvency of Cass county.” The learned trial court awarded a peremptory writ as prayed for by the relator, from which decision this appeal was taken.

By chapter 23, p, 18, Laws 1907, the legislative assembly appropriated the sum of $86,600 for the purpose, as stated in the act, “of paying the current and contingent expenses and for permanent improvements of the Institution for the Feeble-Minded at Grafton, for the period beginning March 1, 1907, and ending March 1, 1909.” The specific purposes for which such appropriation was made are enumerated in the act as follows:

+-----------------------------------------------------------+
                ¦For maintenance                                    ¦$11,500¦
                +---------------------------------------------------+-------¦
                ¦For employés' wages, including officers' salaries  ¦24,000 ¦
                +---------------------------------------------------+-------¦
                ¦For fuel and lights                                ¦9,000  ¦
                +---------------------------------------------------+-------¦
                ¦For training school supplies and amusements        ¦400    ¦
                +---------------------------------------------------+-------¦
                ¦For incidental expenses                            ¦1,000  ¦
                +---------------------------------------------------+-------¦
                ¦For drugs, medicines, etc.                         ¦500    ¦
                +---------------------------------------------------+-------¦
                ¦For repairs                                        ¦500    ¦
                +---------------------------------------------------+-------¦
                ¦For plumbing                                       ¦250    ¦
                +---------------------------------------------------+-------¦
                ¦For beds and bedding                               ¦600    ¦
                +---------------------------------------------------+-------¦
                ¦For furniture                                      ¦600    ¦
                +---------------------------------------------------+-------¦
                ¦For electrical supplies and repairs                ¦100    ¦
                +---------------------------------------------------+-------¦
                ¦For supplies for engine room                       ¦400    ¦
                +---------------------------------------------------+-------¦
                ¦For laundry machinery and repairs                  ¦200    ¦
                +---------------------------------------------------+-------¦
                ¦For paints and painting                            ¦750    ¦
                +---------------------------------------------------+-------¦
                ¦For farm implements and vehicles                   ¦600    ¦
                +---------------------------------------------------+-------¦
                ¦For new power house, including water tank and tower¦15,000 ¦
                +---------------------------------------------------+-------¦
                ¦For remodeling west wing                           ¦12,000 ¦
                +---------------------------------------------------+-------¦
                ¦For fire apparatus and water connections           ¦1,000  ¦
                +---------------------------------------------------+-------¦
                ¦For farm house repairs                             ¦500    ¦
                +---------------------------------------------------+-------¦
                ¦For granary and machine sheds                      ¦800    ¦
                +---------------------------------------------------+-------¦
                ¦For stock                                          ¦400    ¦
                +---------------------------------------------------+-------¦
                ¦For improvement to grounds                         ¦500    ¦
                +---------------------------------------------------+-------¦
                ¦For additional land                                ¦6,000  ¦
                +---------------------------------------------------+-------¦
                ¦Total                                              ¦$86,600¦
                +-----------------------------------------------------------+
                

It is appellant's contention, among other things, that by such act the Legislature intended such appropriation to be sufficient, and that it in fact is sufficient, for all the needs of said institution, during the present fiscal term, for maintenance, including funds necessary to purchase clothing for the inmates. It will be seen that, by the provisions of the above act, the sum of but $11,500 was appropriated for maintenance. Just what the Legislature intended to include within the term “maintenance” is not clear, but it does appear that the same was not intended to cover employés' wages and salaries, fuel and lights, school supplies, incidental expenses, drugs and medicines, repairs, beds, and bedding, furniture, and the other items for which specific sums were appropriated. There being no specific appropriation for food and clothing of...