Meade County Bank v. Reeves

Citations

• 13 S.D. 193
• 82 N.W. 751
• 1900 S.D. LEXIS 122

Syllabus

<p>1 Laws 1899 Chap. 136, § 1, approved February 8, 1899, authox’izes the payment of a slate bounty for wolf scalps. Section 9 appropriates K,000 ' from the state treasury “for the year 1899 and each fiscal year thereafter,” for the payment of such bounties. Section 13 declares an emergency to exist, and that the act shall take effect from its approval. Laws 1891, Chap. 70, establishes a fiscal year as commencing- July 1, and ending on June 30, succeeding. Comp. Laws, § 4757, in force prior to 1891, defines “year” as a calendar year. Held, that the §5,000 was appropriated for the fiscal year ending-June 30, 1899, and that mandamus would issue to compel the state auditor to draw warrants on the state treasurer in payment of a county treasurer’s wolf-bounty certificate filed with the auditor prior to July 1, 1899.</p> <p>2. Laws 1899, Chap. 136, § 1, authorizes payment of a state bounty on wolf scalps, and Section 9 appropriates §5,000 therefor for the fiscal year ending June 30, 1899. Wolf-bounty certificates to the amount of §13,000 wore filed with the state auditor before that date. Held, that such certificates should be paid in full in the order in which they were filed, until the appropriation was exhausted, and were not subject to payment pro rata, and that plaintiff, having filed its certificate before the appropriation was exhausted, was entitled to mandamus against the auditor to compel the drawing of warrants on the state treasurer in payment of such certificate.</p>