185 S.E. 567 | W. Va. | 1936
Relator seeks a writ of mandamus to compel the payment of a judgment for $766.00 in his favor against *353 respondent which he obtained on account of land allegedly appropriated by respondent in 1935 for road purposes without purchase or condemnation. Respondent demurs to the petition herein mainly for the reason that respondent is an arm of the state and that the judgment is invalid because the constitution, Article VI, section 35 forbids a suit against the state. Relator would maintain this proceeding on the grounds that governmental bodies may be compelled by mandamus to perform ministerial functions, and that in 1933, the Legislature enacted that "the State Road Commission of West Virginia shall be a corporation, and as such may sue and be sued." Acts, Extraordinary Session, 1933, chapter 40, article 2, section 1.
Our Constitution, Article VI, section 35, provides: "The state of West Virginia shall never be made defendant in any court of law or equity." There is no specific exception to this inhibition. Such a provision is ordinarily construed to be "absolute and unqualified." Hampton v. State Board,
We are aware that when the legislature has established a corporate entity and provided it with funds to conduct an enterprise for the state, some jurisdictions with constitutional provisions similar to ours have held that the entity is separate from the state and is subject to suit. SeeState v. Bates,
It should go without saying that the legislature is without capacity to pass a law affecting the constitutional immunity from suit of the state or one of its governmental agencies.Alabama Industrial School v. Addler, supra.
The circuit court was without jurisdiction to render the judgment against respondent. The writ is accordingly refused.
Writ refused.