Jeffreys v. Huston

Citations

• 23 Idaho 372
• 129 P. 1065
• 1913 Ida. LEXIS 55

Syllabus

<p>Legislature — Appropriation op Funds op the State — Statutes—• Repeal — Suspension.</p> <p>1. Sec. 13, art. 7 of the constitution of the state limits the power of any officer created under the constitution and laws of the state in paying out of the state treasury money except upon appropriation made by law.</p> <p>'2. See. 11, chap. 72, Laws of 1911, p. 202, provides there shall be appointed by the governor on the recommendation of the adjutant general, an assistant adjutant general who shall have the rank of major. The adjutant general shall receive as a yearly compensation the sum of $2,000, payable in equal monthly instalments, and the assistant adjutant general shall receive as a yearly compensation the sum of $1,500, payable in equal monthly instalments; and sec. 101 of said act provides, to carry out the provisions of this act a continuous appropriation of $25,000 per annum is hereby made out of any money in the state treasury not otherwise appropriated, and the use or expenditure of the same sum hereby appropriated shall not be limited to any particular year.</p> <p>3. Chap. 86, Laws of 1911, p. 319, is a general appropriation bill, and provides for the payment of the salaries and compensation of officers and employees of the state and the general expenses of state government, and in said chapter it is provided that the following sums of money or so mueh thereof as may be necessary, are hereby appropriated for the payment of the salaries and compensation of state officers and employees of the state of Idaho and the general expenses of state government and the maintenance of the several state institutions for the period commencing on the first Monday of January, 1911, and ending on the first Monday of January, 1913; and provides “for all expenses relating to the National Guard of Idaho and the Reserve Militia, including the salaries of officers and subordinates as per House Bill No. 156, $45,000.”</p> <p>4. Where an act of the legislature provides for all e