135 P. 745 | Idaho | 1913
This is an application for a writ of mandate. The cause is submitted upon the pleadings, the petition and a demurrer.
The applicant during the times mentioned in the petition was the duly appointed, qualified and acting secretary of the state board of health and registrar of vital statistics. Sec. 1082, Rev. Codes, provides for the appointment of the secretary of the state board of health, and sec. 1084 in part provides that the secretary of the state board of health is to receive an
Referring to the appropriation bill of the legislature, Laws of 1913, p. 643, approved March 15, 1913, which provides, among other things, the following: “State Board of Health, General Expenses, $4,000. Salary of Secretary and Registrar, $3,600. Maintenance of Laboratory, $2,000. Bacteriologist, $4,800. Deputy Registrar, $2,000. Printing, $1,600. Total, $18,000.”
Sec. 1 of the general appropriation bill referred to, p. 638, provides: “That the following sums of money, or so much thereof as may be necessary, are hereby appropriated for the payment of salaries and compensation of the state officers and employees of the state of Idaho and the general expenses of state government, and for the support and maintenance of the several state institutions for the period commencing on the first Monday of January, 1913, and ending on the first Monday of January, 1915. The sums hereinafter appropriated shall be paid out by the state treasurer only upon warrants drawn by the state auditor against the general fund of the state. That the amounts specifically appropriated for state purposes by this act constitute the whole amount appropriated, and to be used for any purposes during the year 1913 and 1914.” See. 2 of said act provides: “That the compensation and salaries of all state officers and employees of the state mentioned in sec. 1 of this act shall be in full for all services rendered or to be rendered to the state by such officers and employees during the period beginning on the first Monday in January, 1913.”
Counsel for applicant refers to the case decided by this court, Reed v. Huston, 24 Ida. 25, 132 Pac. 109. The discussion in the latter case is clearly distinguishable from the Jeffreys case and also the present case. In the Reed case, the
We therefore hold in this case that see. 1084, Rev. Codes, fixing the salary of the secretary of the board of health not to exceed $1,800 per year, and sec. 2 of chap. 191, p. 632, Sess. Laws 1911, which provides that the state registrar of vital statistics shall receive an annual salary over and above his salary of secretary of the state board of health, which shall be fixed by the state board of health and in no case shall exceed $600, and shall be paid in the same manner as salaries of other state officials are paid, were suspended by the legislature of this state, Laws 1913, p. 643, approved March 15,1913, commencing on the first Monday of January, 1913, and ending on the first Monday of January, 1915.
The demurrer is sustained and the state auditor is limited in issuing the warrant in favor of the applicant in excess of the sum of $150 per month.