Falk v. Huston

Citations

• 25 Idaho 26
• 135 P. 745
• 1913 Ida. LEXIS 1

Syllabus

<p>Legislature — Appropriation op Funds — Suspending an Act of the Legislature.</p> <p>1. Laws of 1913, p. 643, approved March 15, 1913, being a general appropriation of the legislature providing for the state board of health, and among which is “salary of secretary and registrar $3,60G,” and sec. 1 of the general appropriation bill referred to, which provides “that the following sums of money, or so much thereof as may be necessary, are hereby appropriated for the payment of salaries and compensation of the state officers and employees of the state of Idaho and the general expenses of state government, and for the support and maintenance of the several state institutions for the period commencing on the first Monday of January, 1913, and ending on the first Monday of January, 1915,” provide that the amounts so specifically appropriated for state purposes hy said act constitute the whole amount appropriated, and to be used during the years 1913 and 1914.</p> <p>2. See. 2 of the Laws of 1913, p. 645, provides: “That the compensation and salaries of all state officers and employees of the state mentioned in see. 1 of this act shall he in full for all services rendered or to he rendered to the state hy such officers and employees during the period beginning on the first Monday in January, 1913.”</p> <p>3. While the legislature provides appropriations for state officers and employees at a fixed salary, and such appropriation is continuous, still such appropriations are made as compensation hy the statute, and the officers are not created hy the constitution hut created hy the legislative act, and where thereafter subsequent legislation is enacted making appropriations for sueh officers last above referred to, the latter act suspends the general appropriation during such period.</p> <p>4. Held, that see. 1084, Eev. Codes, fixing the salary of the secretary of the hoard of health not to exceed $1,800 per year, and sec. 2 of chap. 191, Laws of 1911, p. 632, which provides