State v. Kenney

• Decision Date: 15 June 1891
• Parties: STATE ex rel. MADDOX v. KENNEY, Auditor.
• Court: Montana Supreme Court

26 P. 999

10 Mont. 533

STATE ex rel. MADDOX v. KENNEY, Auditor.

Supreme Court of Montana

June 15, 1891

Application for mandamus by State ex rel. Fletcher Maddox against E. A. Kenney, state auditor.

Thos C. Bach, for petitioner.

H. J Haskell, Atty. Gen., for respondent.

HARWOOD J.

This is an application for a writ of mandate to compel the state auditor to draw a warrant in favor of relator for the sum of $150, claimed to be due and payable to him from the state pursuant to the statute, to complete the payment for 300 copies of volume 9 of the Supreme Court Reports of this state. Relator is official reporter of the supreme court. By provisions of statute it is his duty to edit and cause to be published reports of the opinions and decisions of said court, in volumes of not less than 600 pages each. It appears by relator's affidavit that he prepared for publication and caused to be published volume 9 of such Reports; that the same contained 650 pages; and that on the 13th day of January, 1891, pursuant to the provisions of statute, relator delivered to the librarian of the Montana library 300 copies of said volume; that under the provisions of section 1993 div. 5, Comp. St., hereinafter quoted, the state auditor issued to relator a warrant for the sum of $6 per volume for said volumes, amounting to the aggregate sum of $1,800, and for the further sum of $300, "to cover the expenses of stationery and clerical work in the preparation" of said volume, and refused to issue relator a warrant for any greater amount. There is no controversy as to the facts in this case. The contention is as to the true intent and meaning of said section 1993, div. 5, Comp. St., and an interpretation thereof will determine this case. Said statute, as found amended, (16th Sess. Laws, p. 218,) provides as follows: "Sec. 1993. The reporter of such volume shall print and bind three hundred copies of such edition at the expense of the state: provided, that the same shall be paid for at the rate of six dollars for each volume of six hundred pages, and that each volume of more than six hundred pages shall be paid for at the same rate for the number of pages exceeding six hundred; and upon the reporter's delivering to the librarian of the Montana library three hundred copies of such edition, the auditor of the state shall issue to the said reporter a warrant for the amount to be found due as provided above, and also a warrant for the sum of three hundred dollars, to cover the expenses of stationery and clerical work in the preparation of each volume: provided, that the whole expense of publication and preparation of a full volume of such Reports shall not exceed the sum of two thousand one hundred dollars to the state." ...