The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-06-28

claim OF plaintiff, for his said service during
said month, which voucher, bill and claim
amounted TO the sum of $50, no part of which
has been paid, and that the same, after
having been SO examined. audited and allowed,
and after having been endorsed and signed oy
the president and secretary OF the said mining
bureau a. correct, was presented to the respon..
dent at his Office in Olympia. and warrant
therefor upon the state treasurer demanded OF
said auditor, who refused to draw any warrant
therefor, and rejected ssid voucher. II further
appears from the said affidavit that the reasons
assigned by the respondent for rejecting the
voucher and refusing 10 draw a warrant upon
the state treasurer, as requested BY plsinsin,
were "that upon an examination OF the law
creating mining bureau and defining its duties,
approved February Is, 1880, fail TO find any
provision whereby IL Is authorized 10 super
or is given. the power TO audit the claims
incurred by parties engaged in the
performance Of such service aud that "the pro-
vision In the general appropriation act OF March
and meteorological survey of the state does not
designate any officer. or commission whose
therefore of the opinion that the appropriation
herein referred to cannot be drawn until further
legislation has been had upon the subject
From the foregoing It is apparent that the
difference of opinion between the plaintiff and
respondent as 70 the powers and duties
Of OF, the cI mining bureau =. as defined ned
manifest duty Of the auditor to draw the war
rant demanded by plaintiff il there was any
law authorizing the issue of the same, and II
Is properly audited and allowed, but
IL there Is no such law, then such
refusal was in every sense proper and strictly in
1ss9-90, p. 637, sec 8. AS has been seen, the re-
spondent claims that no provision has been
made by the legislature authorizing the mining
neurological survey of the state, or TO audit or
allow any claim against the state incurred by
parties engaged in the performance OF such
service.
The powers and duties of the mining bureau
are defined in the act of the legislature entitled
IAN act to create mining bureau, and TO de-
me It's powers and duties, and declaring an
emergency, approved February ., 1890 laws
1sS9-9o, p. 249l, are as follows: ''Section 3. II
shall be the duty OF the mining bureau to collect
reliable statistical information concerning the
production and reduction of all precious and
useful minerals OF this state, and examine the
diferent processes for the treatment OF ores
used In the state; to inquire into the
merits OF other processes alleged or demon
strated by practical experience elsewhere to be
the most successful; to inquire into the relative
merits oil the various Inventions, machines and
mechanical contr1vances now in use, or which
may hereafter be introduced for mining or metal
lurgical purposes to keep on file in their offices
reports and papers, which may be published
from time TO time. and all correspondence on the
subject OF mines and milling and reducing ores,
with the view OF eliciting and collecting such
information for the public use. They shall adj
engaged in mining, and shall correspond with
the schools OF mines in other states in refer
ence to the mining and metallurgical in
serests; they .e snail make a report to the
ture of the operations of the bureau on or
before the 18th day of January in each year. for
the year ending on the 3lst day of December of
the preceding year, which report shall contain
all statements of accounts, money received and
expended, statistics and other information
which may tend TO promote the neurological
Ff ha s,YnhN eknrr
time TO time as they may deem necessary; they
shall examine, audit and allow all bills which
relate to the expense OF money received by or
appropriated Tor this purpose; they shall coop
crate with the bureau of statistics, agriculture
and immigration; they shall be allowed to en-
ploy such clerical assistance as may be necessary
TO carry out the full intent of this act"
Upon critical examination of this act it viii
be seen that there is no expression of the leg
islature therein indicating an intention
either 20 pec or ne mining
meteorological survey of the state, or to disburse
the moneys appropriated for such purpose. 1t
is simply authorized to collect certain reliable
statistical information, specified in the act, and
to examine, audit and allow all bills which re-
late to expense of money received by or appro-
priated for that purpose, the expenses under its
provisions being limited to 1880. Nor do we
think the powers or duties OF the mining bureau
have been In any way enlarged or changed by
any provision contained in the general appro-
prlatlon act OF March 2, 1891. By that act the
sum OF $4,000 was appropriated '.for making
geological and neurological survey of the state
and making and publishing maps and reports of
the same" but the act is silent as to the method
or agency whereby the same is to be expended.
Indeed, if the legislature had attempted to en-
large or define the provinces and duties OF the
mining bureau, in the general appropriation
act, the provision would have been nugatory as
being in contravention of that portion of the
state constitution which declares that mo bill
shall embrace more than one subject and that
shall be expressed in the title" Section 49, arti-
Gle ?, constitution.
twas no doubt the intention of the legisla-
ture when it made this liberal appropriation for
the purpose of ascertaining and thereby assist
in the development of the mineral resources of
our state TO further provide therefor, and il is
probable that it intended to impose that duty
and responsibility upon the mining bureau.
But We find nowhere in the law any express or
even implied, indication of that intention Ow-
ing to its Importance and its probable effect upon
the mining interests OF this state, we have care
fully considered this case, and we are unable to
resist the conclusion that the appropriation
above referred to cannot be discussed, or war
rants thereon legally drawn, without further
legislation upon the subject. 1t follows, there
fore, that the motion of the plaintiff must be
denied. T. J. ANDERs C. 7
We concur: ELNoN sCorT, j., r. o. DUNBAR,
j., JOHN p HoYT,J