221 P. 133 | Idaho | 1923
— This is an original application for a writ of mandate. One C. A. Bieknell contracted with the state of Idaho to build a portion of the state highway and borrowed the necessary money from the Overland National
Has this court jurisdiction to issue a writ of mandate, as prayed for, ordering defendants as the state board of examiners to allow plaintiff’s claim? The board of examiners has power to examine all claims against the state except salaries or compensations of officers fixed by law. (Const., IV, 18.)
“The supreme court shall have original jurisdiction to hear claims against the state, but its decisions shall be merely recommendatory; no process in the nature of execution shall issue thereon; they shall be reported to the next session of the legislature for its action.” (Const., V. 10.)
Under these constitutional provisions, this court is without jurisdiction to command how the board of examiners shall act upon claims against the state. To do so would be a clear usurpation of authority. (Pyke v. Steunenberg,