Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1889-09-14
SUPREME COURT DECISION.
The state Of Nevada Elk Rel. County
Of Lyon, RelatOr, VS.. j. +. HallOck,
State Controller, Respondent.
(BY BELKNAP ~

NJ Sa n y 1aHe Sva:" ~ TN uoIsnnEy
state Controller, Respondent.
(By BEIKNAp ~
| A. .h ss;on 81 ~. or;s,,.r oe 90,
| '''~
q Ia" was ehac'eo requiring Speciai eiecnon
to be held upon the 18th day OF February Of
that wear for the purpose of submitting TO the
,.on,s csr..;n nronossd .,dua,,s ;. -.
P sopa - r. So e.. GO " ,ne
Irnder the oensrsI Ia,vs nsr,a;,;no - r. .,sa '
,;ons The counties rasnect;rsl,, ,,sra oh.rnsa
He ,v;.b ~ - sxnsnss "a IN e.aar ~ -.
them he sum Of or ooo Of he nnsnnronr;
.,ed ,nonevs in he Sto,s Traas,,r, 1,as 90,
| .nart hv law annroved hv The Couerror
Iannarv ., ,ssn Ststs isyo -,
Ths second section 81 H.. 1.,y IL r. .s foi,ovs,
&C., Ths Roads Of Count, Cor,no;,
s;onsrs in he resnect;ya corrt;ss ~ ,h;s Co..
sbali immsd;steiv af,er ascer,a,n;na The ev
r,snsss 81 sa;d slec,;on cert;f, .ha sar,. -
The S,a,e Controller. who shall mon The re-,
ce;nt ~ ala cert;6csts drs,y his ,varrsnt m
On ,ha Sto,e Treasnrer in f,uor 81 II.
chairman of each BOARD of County Conr,;s-
sioners for the amount So certified as be;no
the exnrnses If said snec;aI election IN eac6
county"
Under the nrov;s;ons of this sec+;on the
BOARD of Comfy commissioners of Ivon
county certified that the EXPENSES Of The
county amounted TO the sum Of sI.o,a IL
and demanded Of the Controller his warrant
therefor The demand was refused and
thereupon relator Commenced this proceed.
inc nv mandamus to com,el the ;e>nance ri
the warrant
The petition alleges. among other things.
that the State Board of Examiners audited
the claim of the county for the sum of s77s 20
and that respondent has rendered his war.
rant upon the State Treasury for this amount.
The question is whether the Legislature
can REQUIRE the Controller to draw his war.
rant for the amount ascertained to be due by
the Board of County Commissioners. or
whether the State Board of Examiners, un.
der the provisions of the Constitution. should
have audited the claim.
The Constitution. Article <. Section Fl.
provides: "The Governor. Secretary of
State and Attorney General Shall constitute
a Board of State Prison Commissioners
which Board shall have such supervision of
all matters connected with the State Prison
as NAV be provided BYLAW. They shall also
constitute Board of Examiners. with power
to exam,ue all claims against the State lex.
cept salaries and COMPENSATION of officers
liked bV IaWl. and perform Such other dutleS
as NAV he prescribed nv law. And no claim
against the State Except salaries or compen.
sation of officers fixed bv law) shall he passed
upon bv the Leeislature without HAVING been
considered and acted upon bv said BOARD of
Examiners.
The statutes relating to the enforcement of
claims against the State provide that claim
for which an appropriation has been made.
=,
dated. NAV he presented TO the BOARD Of Ex-
aminers. who shall act in the matter. either
bv rejecting il or allowing il. in whole or in
part. Gen. Stat. Sec. I8o6.)
The duty is also imposei upon the BOARD
TO examine all claims presented bv petition.
for which no appropriation has been made.
"and which REQUIRE to be acted upon by the
LEGISLATURE. and to take all evidence in re.
gard to the same which NAV be offered bv
the claimant or deemed proper by the Board
The evidence shall be reduced to writing.
and together with The petitions shall be trans
mitted to the Legislature at the first day of
its next session. together with the opinions
of the Board in reference to the merits of the
same" (Sec. 1Sos.)
AT each biennial session of the Legislature
appropriations are made for the support of
the government for the two wears then cur
rent. From the nature of the case it is i'm.
possible for the Legislature to anticipate the
details of expenditure or to enumerate the
specific disbursements to be made. Appro-
priations are made under separate heads and
expenditures charpeable thereto are consid.
cred and passed upon BY the Board of Elk.
aminers. in conformity with the requirements
of the Constitution that thew ssshail examine
all claims against the State.n Claims for
which no appropriation has been made must
be acted upon by the Board before submission
to the legislature. in order that its members
NAV have the advantage of the information
which the members of the Board would nat
urallv acouire from the nature of their duties
These provisions of the statutes present a
nracticaI and reasonable exposition of the
prov;s;ons Of the CONSTITUTION and nl.ce the
authority to audit unliouidated claims with
the Roard created for that nnrnose nv the
Const;tpt;on