State ex rel. Farrar v. Hipple

Citations

• 7 S.D. 234
• 64 N.W. 120
• 1895 S.D. LEXIS 65

Syllabus

<p>1. Chapter 53, Laws 1887, contains an open offer, and creates a liability upon the part of the state to such organized fire companies as may comply with the terms and conditions of such offer, and, unless qualified by subsequent legislation, constitutes a valid appropriation of the moneys to meet such liability. Cutting v. Taylor, 51 N. W. 949, 3 S. D. 11, followed.</p> <p>3. Chapter 97, Laws 1895, which forbids the state auditor to draw any warrant upon the state treasurer “without an appropriation in exact amount for the specific purpose having first been made,” does not repeal nor invalidate the appropriation made by said chapter 53, Laws 1887, for the amount for which such warrant is to be drawn is exact in amount, it being in each case specifically and precisely 2 per cent, of another certain and definite sum appearing upon the official books of the auditor.</p> <p>(Syllabus by the Court.</p>