State ex rel M. J. Edgerly vs. Archie Currie, Jr.
Opinion filed May 31st, 1893.
Statutes—Repeal by Implication.
Sections 82, 84 of the constitution of this state are considered in connection with Ch’s 122, 123, 125, 126, 128, 187, 188, and Ch's 9 and 10 of the Laws of 1890, and Ch. 9 of the Laws of 1891; and, held, that said constitutional provisos, and said statutes of the state, are in conflict with, and repugnant to, § 27 of Ch. 110, Laws 1889, and hence said § 27 was never in force in this state.
Clerk of Railroad Commissioners—Compensation.
The state auditor has no authority, under existing laws, to issue warrants on the state treasurer to pay the salary of the clerk or secretary of the commissioners of railroads upon a basis of $1,500 per annum, as fixed by § 27, Ch. 110, Laws 1889. Accordingly, Ac/d, that the state auditor lawfully refused to issue such warrants to the relator, who held the position of secretary from January 4th, 1891, until the end of January, 1892. The salary annexed to said position is $1,000 per annum.
Appeal from District Court, Burleigh County; Winchester, J.
Mandamus proceeding. Defendant appeals from a final order of the District Court of Burleigh County, (W. H. Winchester, J.) which order directs the defendant to issue warrants for relator's official salary, as secretary of the commissioners of railroads, at the rate of $1,500 per annum.
Reversed.
W. H. Standish, Atty. Gen., for appellant.
M. J. Edgerly, for respondent.
Wallin, J. The relator was appointed secretary of the commissioners of railroads on February 4th, 1891, and served in that capacity from said date until the end of January, 1892. The relator claims that the salary allowed by law to such secretary is $1,500 per annum, and has, upon that assumption, made out, in due form, his monthly accounts for salary during said period, and has from time to time presented the same to the respondent, as state auditor, and demanded warrants upon the state treasurer
