State v. Grimes

• Decision Date: 17 October 1893
• Citation: 34 P. 833,7 Wash. 191
• Parties: STATE EX REL. BRAINERD v. GRIMES, STATE AUDITOR.
• Court: Washington Supreme Court

34 P. 833

7 Wash. 191

STATE EX REL. BRAINERD v. GRIMES, STATE AUDITOR.

Supreme Court of Washington

October 17, 1893

Petition by Erastus Brainerd for a writ of mandamus directed to L. R Grimes, as state auditor, to compel him to issue a warrant in favor of petitioner in payment of his salary as a member of the board of state land commissioners. Writ granted.

John W Carson, for petitioner.

Jas. A Haight, Asst. Atty. Gen., for respondent.

DUNBAR C.J.

This is an application for a writ of mandamus commanding the respondent, as state auditor, to draw a warrant in favor of the petitioner for the sum of $83.33, on account of salary as a member of the board of state land commissioners. The petition sets up the qualifications of the officer, the due presentation of the bill, and all such formal requirements; and, while the respondent interposes a general demurrer that the petition does not state facts sufficient to constitute a cause of action, the only ground urged by respondent is that no appropriation has been made by the legislature which warrants the auditor in drawing a warrant in favor of the petitioner under the restrictive provision of the constitution ^[1] which provides that "no moneys shall ever be paid out of the treasury of this state, or any of the funds under its management, except in pursuance of an appropriation by law, nor unless such payment be made within two years from the first day of May next after the passage of such appropriation act, and every law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated and the object to which it is to be applied, and it shall not be sufficient for such law to refer to any other law to fix such sum." It is conceded by the respondent that, in the absence of the constitutional limitation, the claim of the petitioner should be sustained. Let us see whether or not the legislature has made an appropriation within the requirements of the constitutional article. Sections 3 and 4 of the act creating the state board of land commissioners, approved March 15, 1893, provide as follows: "Sec. 3. That the commissioner of public lands shall receive a salary of $2,000 per annum, and the other members of said board shall each receive a salary of $2,000 per annum, and all the members of said board shall be repaid all expenses actually and necessarily incurred by them in the discharge of their duties as herein provided, to be paid monthly the same as the salaries and expenses of the other state officers are paid. Sec. 4. That the said board is hereby authorized to expend a sum of money not to exceed $1,800 per annum for...