Arizona republican., 1915-08-05
Judge Stanford Ha''s' Down Decision in Appro- DI.iatiOns Case Oyerrul~ ing Demurrers and Grant ing Writ of Mandamus
QUESTION OF APPEAL
 IS NOT YET DECIDED
State Auditor Considering alter - Equalization Board Confronted With Problem of Which Tax Levy to Adopt

Sustaining the governors veto ot the general appropriation bill, the superlor court yesterday over-ruled the demur- rers to the complaint and granted the application Of Jesse Boyce for an ap- solute writ of mandamus to conpel Ihe payment of claims by State Audllor CaIlaghan. Announcement of ms de- cision was made informally by Judge Stanford, and the full text of the de- cfsion was not available until last ev- ening.
 Whether the case will be taken up to the supreme court on appeal was the question considered at confer ence between the state auditor and hls attorneys last night. The draft of the decision was not in his hands unul early in the evening, and until he hao read it and conferred with counsel, Au- ditor Callaghan had no statement to make as to whether an appeal would be taken. At a late hour last night no decision had been reached in the mat ter of an appeal Some analysis had been made of the decision, but as that paper had not yet been officially signed and there were several minor changes to be made. it was considered that any announcement of the course to be taken would be premature.
 The Decision
 The general and special demurrers of defendant to complaint and appli- cation for alternative writ of man damus were overruled, and the motion to quash the alternative writ was de- nied. The court granted a motion to make the alternative writ absolute, and for judgment in accordance with the prayer Of the complaint.
 The judgment was prepared in a manner so as to apply the ruling of the court to each of the items, pay ment of which was demanded by Jesse l.. Royce, and refused by the auditor.
 The effect of the decision is to en- tirely sustain, with one exception, the veto of the governor.
 The legislature attempted to create 9 deficiency fund for the payment of deficits incurred by the State Fair Commission. The refusal of the audi tor of payment of demand of s3500.00 was upheld. on the ground that the legislature had no right to make such an appropriation, because of the pro visions of Section 4542 Revised Stat utes of Arizona 1913. civil code which was unaffected DN the appFopfldllon bill The commission. the court held has no right to incur indebtedness in excess of $15.00c in any one year, and it is provided that any indebtedness in excess of this amount should be void as to the state It was suggested by the court that this deficit could be paid only by an appropriation made in a special bill for that purpose.
 
 priated where the appropriation was vetoed by the governor, the appropria- ton made in the general statutes will take its place. If no money shall be in the particular fund, the auditor is di- rected by the judgment to audit and all low the claim and issue his certificate therefor, which becomes a claim against the state to be paid by subsequent ap- propriation by the legislature Section 51 of the appropriation bill (Continued on Page Three)