22 P. 1064 | Nev. | 1890
The facts are stated in the opinion. Application by relators, constituting the board of education, for mandamus to compel respondent, as state treasurer, to invest the sum of fifty thousand dollars of the state irreducible school fund in interest-bearing bonds of other states, pursuant to the provisions of an amendatory act providing for the safe-keeping of the securities of the state school fund, "approved January 18, 1887." (Stat. 1887, 17.)
The application must be denied, because there is no law authorizing such an investment to be made. The amendatory act upon which the application is based was passed under the belief that a proposed amendment to the constitution, authorizing such investment, had been legally adopted; but, owing to certain omissions of the legislature to make the necessary entries upon the journals of the respective houses, as required by the constitution, this court, inState v. Tufly,
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