190 N.W. 818 | N.D. | 1922
Lead Opinion
In 1919 the legislature provided for the appointment by the supreme court of an officer to be known as the supreme court reporter, state law librarian and legislative librarian, prescribed his duties and fixed his compensation, and made appropriation for the-payment thereof. Laws 1919, chap. 211. The act provided that such-officer should receive an annual salary of $2,500, § 8, chap. 211, supra. Chap. 211, Laws 1919, has never been amended nor have any of its provisions been expressly repealed. In the general appropriation bill enacted by the legislature in 1921, the salary of the supreme court reporter was given as $2,000 per annum, or rather that sum, or $4,000-
In our opinion the district court was correct in holding that § 8, chapter 211, Laws 1919, was not repealed by the general appropriation bill of 1921. We think that result follows from an application to the facts here of the rule laid down in State ex rel. Birdzell v. Jorgenson, 25 N. D. 539, 49 L.R.A.(N.S.) 67, 142 N. W. 450. In that case this court ruled that where an act creating an office provides that the incumbent of the office created shall receive a certain salary fixed by the act that this constitutes not only a legislative declaration as to the amount of the salary to be paid but, also, an appropriation of the amount so fixed. The rule thus announced has never been departed from and has been adhered to in subsequent decisions. See State ex rel. Packard v. Jorgenson, 31 N. D. 563, 154 N. W. 525; State ex rel. Wallace v. Jorgenson, 34 N. D. 527, 159 N. W. 35.
Hopeáis by implication are not favored. “It is a reasonable presumption that all laws are passed with a knowledge of those already existing, and that the legislature does not intend to repeal a statute without so declaring.” Lewis’s Sutherland Stat. Constr. 2d ed. § 267.
Under our Constitution no bill may embrace more than one subject, and such subject must be expressed in the title. N. D. Const. § 61. And the general appropriation bill can “embrace nothing but appro
The judgment appealed from is affirmed.
Dissenting Opinion
(dissenting). Chapter 211, Laws of 1919, provided for the appointment of a Court Eeporter and Law Librarian, fixing the salary at $2,500 a year and making an appropriation of $3,000. At the last session the Legislature appropriated for the Eeporter only $2,000. Now the Eeporter brings mandamus to compel the Auditor to give him vouchers at the rate of $2,500.
Under the statute mandamus does not lie against the Auditor only to compel the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station, § 8457. But the law does not specifically enjoin the Auditor to give vouchers in excess of appropriations. Our District Judges go entirely beyond their jurisdiction when they assume to direct and manage the executive department of the State.