Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1889-08-24
SUPREME COURT DECISION.
The state OF Nevada Eek Rel. County
| Of Lyon, RelatOr, vs.. j. +. HallOck.
state Controller, Respondent.

1"
(BY BELANAP J.)
At the session of the Legislature of 1880
a law was enacted recurring a special election
,Q,L ae
~ " "''o "po" '"e 'o'" 'a' ~ "
that year iof the purpose OF submitting 10 the
people certain proposed amendments to the
Constitution of the State. Stats. 1850, p. ID.
Under the general laws pertaining to cleo
tons the counties respectively were charged
BILE with the expense, and in order to reimburse
them the sum of $4,000 of the unappropri.
ated moneys in the State Treasury was set
apart by law approved by the Governor,
January %, 1850. Stats. 1850, p. Fl.
The second section of the law is as follows:
"Sec. 2. The Boards of County Commits.
sioners in the respective counties in this State
shall, Immediately after ascerraining the ex-
penses of said election, certify the same to
the State Controller, who shall upon the re.
ceipt of said certificate draw his warrant up.
on the State Treasurer in favor of the
Chairman of each Board Of County Commits
sioners for the amount SO certified as being
the expenses of said special election IN each
county"
Under the provisions Of this section, the
Board of County Commissioners of Lyon
county certified that the expenses Of the
county amounted to the sum Of $I.o32 IS,
and demanded of the Controller his warrant
therefor. The demand was refused, and
thereupon relator commenced this proceed
ing by mandamus to compel the issuance OF
the warrant. .F
The petition alleges, among other things,
that the State Board OF Examiners audited
the claim Of the county for the sum of SITS 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 S, Section I'll,
provides: "The Governor, Secretary Of
State and Attorney General shall constitute
Board Of State Prison Commissioners,
which Board shall have such supervision Of
all matters connected with the State Prison
as may be provided by law. They shall also
constitute Board Of Examiners, with power
to examIue all claims against the State lex.
cept salaries and compensation of officers
fixed by law), and perform such other duties
as may be prescribed by law. And no claim
against the State Except salaries or compen
sation Of officers fixed by law shall be passed
upon by the Legislature without having been
considered and acted upon by 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,
but of which he amount has not been liqui
dated, may be presented to The Board OF tx
aminers. who shall act in the matter, either
by rejecting it or allowing it, in whole or in
part. (Gen. Stat, Sec. 1867
The duty is also imposed upon the Board
to examine all claims presented by petition,
for which no appropriation has been made,
sand which require TO be acted upon by the
Legislature, and to take all evidence in re
gard to the same which may be offered by
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. 1859
AT each biennial session of the Legislature
appropriations are made for the support Of
the government for the two years then cur
rent. From the nature Of the case it is inn
possible for the Legislature to anticipate the
details OF expenditure or to enumerate the
SPECIFIC disbursements 10 be made. Appro-
priations are made under separate heads and
expenditures chargeable thereto are consid-
cred and passed upon by the Board of Ex-
aminers, in conformity with the requirements
OF the Constitution that they "shall examine
all claims against the State" 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
may have the advantage of the information
which the members of the Board would nat
urally acquire from the nature Of their duties.
These provisions of the statutes present
practical and reasonable exposition of the
provisions Of the Constitution, and place the
authority to audit unliquidated claims with
the Board created for that purpose by the
Constitution.
Against the action Of respondent it is said
thar the general lepi slafion ahOve referred IN