State v. Johnson
| Decision Date | 23 November 1926 |
| Docket Number | 5722. |
| Citation | 135 S.E. 899,102 W.Va. 629 |
| Parties | STATE ex rel. GOSHORN v. JOHNSON, State Treasurer. |
| Court | West Virginia Supreme Court |
Submitted June 8, 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 1a, 1b, 1c, 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 counties upon a basis of the total assessment of all property in each county; providing a method for making deposits in state depositories of moneys received outside of the state; providing for a board of finance; prohibiting the treasurer from depositing state funds in any depository in which he is financially interested.
Section 2b of the act creating and prescribing the duties of the board of finance follows:
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