Lewis v. Colgan

Citations

• 115 Cal. 529
• 47 P. 357
• 1897 Cal. LEXIS 469

Syllabus

<p>State Board of Examiners—Implied Power to Employ Expert— Legislative Appropriation— Constitutional Law.—The state board of examiners have implied power to employ an expert to assist them in examining books and accounts; and a legislative appropriation incorporated in the general appropriation bill to pay the salary and expense of such expert is constitutional and valid, and does not create an office, nor is the agreement of the board of examiners for the employment and compensation of such expert void as being without express authority of law, within the meaning of section 32 of article IV of the state constitution.</p> <p>Id.—Extent of Official Power—Implication—Statutory Construction.—In addition to the powers expressly given by statute to an officer or board of officers, he or it has, by implication, such additional powers as are necessary for the due and efficient exercise of the powers expressly granted, or as maybe fairly implied from the statute granting the powers.</p> <p>Id.—Defeat of Statute Conferring Express Power—Legislative Appropriation—-Motives of Legislators.—Courts cannot inquire into the motives of legislators; and a legislative appropriation to pay the salary and expenses of an expert employed by the state board of examiners cannot be defeated on the ground that another statute expressly empowering the board of examiners to employ an expert failed of passage, nor can it be held, as matter of law, or proved as matter of fact, that, except for the anticipated passage of such statute, the appropriation bill would have been altered.</p>