39 P. 193 | Idaho | 1895
(After Stating the Facts.) — This raises the question as to whether it is necessary to have an examination of said division of said state wagon road by the reviewers appointed by the governor, and a favorable report from them, before the state auditor is authorized to issue the warrant in final payment for said work. It is perhaps sufficient to say upon this subject that both the plaintiffs and the state wagon road commissioners, being both parties to the contract for the construction of said road, have expressly stipulated in said
It is also contended by the defendant that this claim must be submitted for examination to the board of examiners, consisting of the governor, Secretary of State, and attorney general, Section 18, article 4 of the constitution provides that “the governer, Secretary, of State and attorney general shall constitute .... a board of examiners, with power to examine all claims against the state, except salaries and compensation of officers fixed by law, .... and perform such other duties as may be prescribed by law.” This clause of the constitution is supplemented by thé statute (1st Sess. Laws, p. 46, sec. 3), as follows: “It shall be the duty of the board [state board of examiners] to examine all claims against the state, except salaries and compensations of officers fixed by law.....The board may approve or disapprove any claim or demand against the state, or any item thereof, or may recommend a less amount in payment of the whole, and a decision of a majority of the members shall stand as the decision of the board. “Section 4 provides that if the auditor shall draw his warrant for any