Bragaw v. Gooding

Citations

• 14 Idaho 288
• 94 P. 438
• 1908 Ida. LEXIS 31

Syllabus

<p>Claims Against the State — State Board op Examiners — Power— Remedy Where State Board Disallows Claims — Prohibition.</p> <p>1. Under sec. 4994, Rev. Stat., tbe writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board, or person when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, person or board.</p> <p>2. Under see. 18, art. 4 of the constitution, the governor, secretary of state and attorney general are constituted as the state board of examiners, with power to examine all claims against the state, except salaries or compensation of officers fixed b'y law, and perform such other duties as may be prescribed by law.</p> <p>3. The act of March 9, 1905 (Sess. Laws 1905, p. 366), passed in pursuance of the provisions of - see. 18, art. 4 of the constitution, makes it the duty of the state board of examiners to examine all claims against the state, except salaries and compensation of officers fixed by law, and empowers said board to approve or disapprove any claim or demand against the state, or any item thereof, and authorizes said board to recommend a less amount in payment of the whole, or any item thereof.</p> <p>4. Under see. 18, art. 4 of the state constitution, and the act of March 9, 1905, the state board of examiners may disallow, in whole or in part, any claim presented by a state officer, for services for clerk hire, in his said office.</p> <p>5. The courts have no power or authority to set aside or reverse the action of the state board of examiners in disallowing, in whole or in part, any claim presented against the state.</p> <p>6. In a case where the state board of examiners unjustly disallows a claim against the state, the claimant has his remedy under see. 10, art. 5 of the constitution of this state, by applying to this court to hear said claim, and securing a recommendatory judgment of this court, to be presented to the next legislature