State v. Lyons

CourtSuperior Court of Delaware
Writing for the CourtLAYTON, C. J.
Citation39 Del. 409,200 A. 418
PartiesTHE STATE OF DELAWARE, upon the relation of Robert K. Jones; upon the relation of Harry v. Lyons; upon the relation of Charles H. Grantland; upon the relation of James B. McManus; upon the relation of Elinor W. Wood; upon the relation of Gladys McBride; upon the relation of Robert K. Jones, Harry v. Lyons and Charles H. Grantland, constituting the "Industrial Accident Board" of the State of Delaware, v. JAMES W. WISE, Auditor of Accounts, and ERNEST C. BLACKSTONE, Treasurer of the State of Delaware
Decision Date24 June 1938

200 A. 418

39 Del. 409

THE STATE OF DELAWARE, upon the relation of Robert K. Jones; upon the relation of Harry
v.

Lyons; upon the relation of Charles H. Grantland; upon the relation of James B. McManus; upon the relation of Elinor W. Wood; upon the relation of Gladys McBride; upon the relation of Robert K. Jones, Harry
v.

Lyons and Charles H. Grantland, constituting the "Industrial Accident Board" of the State of Delaware,
v.

JAMES W. WISE, Auditor of Accounts, and ERNEST C. BLACKSTONE, Treasurer of the State of Delaware

Superior Court of Delaware, New Castle County

June 24, 1938


[200 A. 419]

Superior Court for New Castle County, March Term, 1938.

Separate mandamus petitions to compel approval and payment of salaries of members of the Industrial Accident Board, and of its Secretary and employees, and of bills for expenses incurred by said Board.

This court in a judgment in quo warranto proceedings rendered on the twenty-eighth day of February 1938 (State v. Collison et al., 9 W. W. Harr. (39 Del.) 245, 197 A. 836), held that Robert K. Jones, Harry V. Lyons and Charles H. Grantland were entitled to hold and enjoy their offices as members of the Industrial Accident Board for and during the terms for which they were appointed. The respondents, appointees of the Governor, prosecuted a writ of error to the Supreme Court, which proceeding is still before that Court. Upon the attempted removal from office of the petitioners in the summer of 1937, the respondent Wise, declined to approve bills for salaries for themselves, their secretary, and employees, and for certain expenses incurred in the administration of their offices, and the respondent, Blackstone, as Treasurer, the several bills not having been approved by the Auditor, refused to draw warrants for their payment.

The several petitions for writs of mandamus filed by the members of the Board allege the appointment of the petitioners, confirmation by the Senate, taking the required oath of office and entering upon the discharge of the duties of the office, and continuing to perform the duties. The petition of Jones alleges that his salary was paid until July 12, 1937, and that, as of the first day of April 1938, he is entitled to receive the sum of $ 2,150, as salary, and the further sum of $ 296.40 as travelling expenses. The petition of Lyons alleges that his salary was paid to June 22, 1937, and that, as of April 1, 1938, he is entitled to receive the sum of $ 2,316.67 as salary, and the further sum of $ 188.96 as travelling expenses. The petition of Grantland alleges that his salary was paid to August 15, 1937, and that, as of April 1, 1938, he is entitled to receive the sum of $ 1,875.00 as salary. The McManus petition alleges that he is the duly selected, qualified and acting Secretary of the Board at an annual salary of $ 2,500.00; that his salary was paid to August 12, 1937, and that, as of April 1, 1938, he is entitled to receive $ 1,585.99 as salary as Secretary of the Board; that his salary as Inspector of Insurance was paid to July 1, 1937, and, that as of April 1, 1938, he is entitled to receive the sum of $ 675.00 as salary as Inspector of Insurance, and the further sum $ 316.80 for travelling expenses as Secretary of the Board, and the sum of $ 62.28 expended by him for postage and registered mail. The petition of Wood alleges that on the first day of September 1936, she was employed as stenographer of the Board at a salary of $ 100.00 a month; that her salary was paid to the first day of July 1937, and that as of the first day of March 1938, she is entitled to receive $ 800 for her salary as stenographer. The McBride petition alleges that she, on the first day of October, 1936, was employed as stenographer of the Board at a monthly salary of $ 100.00; that her salary was paid to July 1, 1937, and that she is entitled to receive as of the first day of April 1938, the sum of $ 900.00 as salary. The petition of the members of the Board alleges that on the 26th day of March 1936, the Industrial Accident Board entered into an agreement of lease with the Equitable Trust Company for the rental of offices in the Equitable Building in the City of Wilmington, at an annual rental of $ 1,680, payable in equal monthly instalments, which lease is in full force and effect, and that there is due to said Equitable Trust Company the sum of $ 1,120.00 for the period of eight months from the 25th day of June 1937 to the 25th day of February 1938; that there is due Diamond State Telephone Company for the months of August 1937 and to and including the month of March 1938, the sum of $ 234.25 for telephone service; that there is due Matthews Brothers, Inc., the sum of $ 75.45 for stationery, office supplies, books and records; that there is due James A. Lefevre, trading as The King Press, the sum of $ 93.75 for stationery, office supplies, books and records; that there is due Associated Wilmington Laundries Inc. for towel service, the sum of $ 10.00 for the period from July 1, 1937 to March 31, 1938; that there is due Nancy Webb the sum of $ 90.00 for services as stenographer in taking testimony; that there is due Ruth A. Evans the sum of $ 30.00 for like services. The petitions allege that bills for salaries, travelling expenses, rent, stationery and supplies, stenographic service, telephone service and towel service were duly certified to the respondent Wise for his approval as Auditor, his refusal, and the refusal of the respondent, Blackstone, as Treasurer to pay the bills.

The prayers of the individual petitions of the members of the Board and of the Secretary were that the respondent, Wise as Auditor of Accounts, approve the payment of the bills certified for salaries and expenses as alleged in the petitions, and, from time to time, during their several terms of office, approve for payment duly certified bills for salaries and expenses, and that the respondent, Blackstone, as Treasurer of the State, make payment thereof. The prayers of...

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2 practice notes
  • State ex rel. Godby v. Hager, No. 12993
    • United States
    • Supreme Court of West Virginia
    • November 17, 1970
    ...64 Colo. 546, 172 P. 424, L.R.A.1918F 576; Coughlin v. McElroy, 74 Conn. 397, 50 A. 1025, 92 Am.St.Rep. 224; State ex rel. Jones v. Wise, 39 Del. 409, 200 A. 418; Talmadge v. Cordell, 167 Ga. 594, 146 S.E. 467; Bullis v. Chicago, 235 Ill. 472, 85 N.E. 614; McClinton v. Melson, 232 Iowa 543,......
  • State ex rel. Nelson v. Jordan, No. 9480
    • United States
    • Supreme Court of Arizona
    • February 6, 1969
    ...by the court. State ex rel. Guthrie v. Chapman, 187 Wash. 327, 60 P.2d 245, 106 A.L.R. 640; State ex rel. Jones v. Wise, 9 W.W.Harr. 409, 39 Del. 409, 200 A. 418; 74 C.J.S. Quo Warranto § 50, p. 276. On January 6, 1969, when the respondent took her oath of office and entered upon her duties......
2 cases
  • State ex rel. Godby v. Hager, No. 12993
    • United States
    • Supreme Court of West Virginia
    • November 17, 1970
    ...64 Colo. 546, 172 P. 424, L.R.A.1918F 576; Coughlin v. McElroy, 74 Conn. 397, 50 A. 1025, 92 Am.St.Rep. 224; State ex rel. Jones v. Wise, 39 Del. 409, 200 A. 418; Talmadge v. Cordell, 167 Ga. 594, 146 S.E. 467; Bullis v. Chicago, 235 Ill. 472, 85 N.E. 614; McClinton v. Melson, 232 Iowa 543,......
  • State ex rel. Nelson v. Jordan, No. 9480
    • United States
    • Supreme Court of Arizona
    • February 6, 1969
    ...by the court. State ex rel. Guthrie v. Chapman, 187 Wash. 327, 60 P.2d 245, 106 A.L.R. 640; State ex rel. Jones v. Wise, 9 W.W.Harr. 409, 39 Del. 409, 200 A. 418; 74 C.J.S. Quo Warranto § 50, p. 276. On January 6, 1969, when the respondent took her oath of office and entered upon her duties......

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