69 P. 279 | Idaho | 1902
— This is an original proceeding for a writ of mandamus compelling the defendants, as members of the board of examiners, to audit the claim of the plaintiff for expenses incurred in going to the state of Tennessee and bringing a fugitive from justice — a prisoner — therefrom to Nez Perees county, under a requisition duly issued by the governor of Idaho, designating the plaintiff as the agent of this state to receive and return said fugitive from justice. The proceedings for said requisition appear to have been regular. To the al
But the defendant board asks this court to determine whether or not the claim in question is a charge against the state or against the county of Nez Perces, and both parties so desire. We are also asked to express an opinion ■ as to whether said claim can be paid out of the general fund in the absence of an appropriation made for the purpose of paying such claims. The theory upon which the board of claims held the claim in question to be a charge against Nez Perces county is that it was a part of the cost of a criminal prosecution prosecuted in said county, and therefore not a charge against the state. This theory is based upon the provisions of act of February 9, 1899 (Sess. Acts 1899, p. 120). The second, third, and fourth subdivisions of section 7 of said act are as follows: “2. The compensation allowed by law to constables and sheriffs for executing process on persons charged with criminal offenses; for services and expenses in conveying criminals to jail; for the service of subpoenas issued by or at the request of the district attorneys and for other services in relation to criminal proceedings. 3. The expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail. 4. The compensation allowed by law to
As to the remaining question we are of the opinion that the board of examiners should allow the claim. It is provided in section 18 of article 4 of the constitution, relative to said board, as follows: “They shall also constitute a board of examiners, with power to examine all claims against the state, except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law. And no claim against the state, except salaries and compensation of officers fixed by law, shall be passed upon by the legislature without first having been considered and acted upon by said board.” Section 13, article 7, of the constitution, is as follows: “Sec. 33. No money shall be drawn from the treasury, but in pursuance of appropriations made by law.” Section 8425 of the Eevised Statutes does not make an appropriation, and it appears that the last session of our legislature failed — doubtless