The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1915-05-06

item in an appropriation for the main
tenance of a-departnent or an integral
part thereof sz.; v"-s~.
Not Material If States Lost Nothing.
The dissenting opinion of Justice
Morgan sets forth briefly the founda-
mental principles of law governing the
Huston case. cit has been stated in
the majority opinion in this case,p says
Justice Morgan, "that the state lost
mo money, but that an honest, valid
obligation, lawfully incurred, was paid
by the issuance of the warrant in ques-
tion.' While it is entirely immaterial
whether the state lost money or not,
since that is not one of the elements
!of the crime charged, l do not SO find,
An examination Of said chapter 1913
'convinces me to the contrary. The
only appropriations of moneys made
for. the meteorological department are:
Ne :ntenance of laboratory, $4,000.
Bacterioligist, $4,000 and I am taking
it for granted that the words main
tenance of laboratory refer to the bac-
THEOLOGICAL laboratory.
cit is assumed that if the legislature
had intended that Robert Falls, or
anyone else except the bacteriologist
was to be employed in the laboratory
at the expense of the state, it would
have made appropriation of money for
the payment of his salary; no such
appropriation having been made, the
following language quoted from section
3 OF said chapter 1873, becomes a strik-
ingly applicable, That no officer, en-
ploye, or state board of this state, or
board of regents, or board of trustees
OF any institution in this state, or any
member, employee or agent thereof,
shall enter into any contract or agree
ment creating any expense, or incur
ring any liability, moral, legal or other ,
wise, or at all in excess Of the apprO-
priations made by law for the specific
purpose for which such expenditure is
to be made, or liability incurred, IN
less written authority to make such
expenditure or to incur such liability
has been previously obtained from the
state board Of examiners Of the state
of Idaho. Any person or persons vio-
lating the provisions Of this act shall
be deemed guilty of misdemeanor and
shall be subject to removal from the
position held, by order of the governor
Of the state Of Idaho. Any indebted
1ess attempted to be created against
The state in violation Of the provisions
IT this act or any Indebtedness at
tempted to be created against the
tate in excess Of the appropriations
provided for in any act shall be void
All Acts Mala Prohibita.
a." 1t is not commended that any author
ty to employ Robert Wallis in the
archaeological laboratory was procur-
ID from the state board of examiners
md since no money was appropriated
'y the legislature with which to pay
'or his services therein, his claim
against the state was void and was not
IN honest, valid obligation, lawfully
and when it was paid by the
ISSUANCE of the warrant in question the
tate lost the money represented by it.
he opinion of the majority Of this
curt to the contrary notwithstand ding.
"The statute, for violation of which
he indictment here under cOnsidera-
ion was found, is as quoted in the
majority opinion, but am unable to
gree that any Of the subdivisions Of
aid section 1915 are t. be construed
" any other rule Of statutory inter
'retation that that applicable to the
ther subdivisions. It il said in the
majority opinion that some acts mea-
Toned in said section are clearly mala
and, as appears to my miad
II of the acts mentioned in said &c.
ion are mala prohibita.