Collins v. State

Citations

• 3 S.D. 18
• 51 N.W. 776
• 1892 S.D. LEXIS 32

Syllabus

<p>1. The state constitution (section 9, art. 11) prohibits the auditor from drawing a warrant upon the state treasurer, except in pursuance of an appropriation for the specific purpose first made.</p> <p>2. When an appropriation made by the legislature for any specific purpose has been exhausted, the action of the auditor in refusing to draw further warrants for that specific purpose is proper and right.</p> <p>3. The terms of all territorial officers whose offices were created by the laws of the territory, and filíe’d by appointment of the governor of the territory, expired at the end of 10 days after the expiration of the term of office of the governor by whom such appointments were made. Chapter 101, Terr. Laws 18S9.</p> <p>4. On the 2d day of November, 1889, the office of the governor of the territory of Dakota expired by reason of the legal organization of the states of North and South Dakota. Ten days thereafter the offices of all appointive territorial officers expired, except such as were continued by reason of section 4, art. 26, of the schedule of the state constitution.</p> <p>5. The appointment and acceptance of the office of veterinary surgeon by the plaintiff, under the provisions of the territorial statute in force at the time, and the continuance of the same under the provisions of the state constitution, left his office without any fixed term; and a law reducing the salary during the time he is performing the duties of it does not come within the prohibition of that clause in section 3 of article 12 of the constitution which declares that “the compensation of no jrablie officer shall be increased or diminished during his term of office.’’</p> <p>6. Tbe territorial statute creating the office of veterinary surgeon fixed the pay for his sérvices at $2,900 per annum. March 10, 1890, the first state legislature appropriated for his salary $1,200. The plaintiff served as such veterinary surgeon from the 8th day of March, 1890, to the 8th day of March, 1