State v. Blumberg

• Decision Date: 15 April 1907
• Parties: STATE ex rel. EGBERT v. BLUMBERG, County Auditor.
• Court: Washington Supreme Court

89 P. 708

46 Wash. 270

STATE ex rel. EGBERT v. BLUMBERG, County Auditor.

Supreme Court of Washington

April 15, 1907

Appeal from Superior Court, Skagit county; George A. Joiner, Judge.

Action by state of Washington, on the relation of B. V. Egbert, for a writ of mandate against Fred Blumberg, county auditor. From a judgment for respondent, relator appeals. Affirmed.

Robert McMurchie, for appellant.

J. C Waugh and Smith & Brawley, for respondent.

MOUNT J.

This action was brought in the lower court for a writ of mandate against the county auditor of Skagit county to require him to issue warrants upon the county treasurer of that county payable to the relator for services as assistant county fruit inspector. The court sustained a general demurrer to the affidavit for the writ. Relator elected to stand upon the allegations thereof, and the action was dismissed. Relator appeals.

The affidavit for the writ alleges, in substance, the appointment of the relator as assistant county fruit inspector; that he discharged the duties of that office for the months of November and December, 1904, and January, 1905; that the commissioner of horticulture allowed relator's claim for salary during said months, and issued to him certificates therefor as required by law; that such certificates were presented to the county auditor with a demand for warrants in payment thereof, but the auditor refused, and still refuses to issue such warrants. There is no allegation that the claim for services or salary was ever presented to the county commissioners for approval or allowance, and respondent contends that the affidavit was insufficient for that reason. The act of 1903 (Laws 1903, p. 248, c. 133) provides for the payment of services of the county fruit inspector as follows: 'Said county inspectors shall be entitled to a per diem of $4.00 per day and actual expenses for each day's actual service, to be paid by the county in which said inspector is appointed. * * * In order to furnish to the office of commissioner of horticulture information regarding the condition of orchards throughout the state, and to determine the compensation of such county inspectors, they shall make monthly reports to the commissioner of horticulture under oath upon blanks furnished by said commissioner and said commissioner of horticulture shall issue a certificate showing the number of days' work performed in each month, upon which the county inspector shall receive payment from the county in which inspection has been made: Provided, That monthly reports shall not be conclusive evidence of the number of days' work any county inspector has performed in any month.' Laws 1903 p. 248, c. 133, § 4. The act does not provide that the auditor shall draw his warrant upon the certificate of the commissioner of horticulture. The statute in relation to the duties of county auditor provides: 'He shall audit all claims, demands and accounts against the county, which by law are chargeable to said county, except such cost or fee bills as are by law to be examined or approved by some other judicial tribunal or officer. Such claims as it is his duty to audit shall be presented to the board of county commissioners for their examination and allowance. For claims allowed by the county commissioners, as also for cost bills and other lawful claims duly approved by the competent tribunal designated by law for their allowance, he shall draw a warrant on the county treasurer.' Section 393, 1 Ballinger's Ann. Codes & St. The statute relating to the duties of county commissioners provides that: 'The several boards of county commissioners are authorized and required * * * (5) to allow all accounts legally chargeable against such county not otherwise provided for * * *.' Section 342, 1 Ballinger's Ann. Codes & St.

Appellant contends that because the commissioner of horticulture is required to issue a certificate to the county inspector showing the number of days' work performed in each month, on which the county inspector shall receive payment, the commissioner of horticulture is thereby created an officer...