State ex rel. Gillette v. Clausen

Citations

• 44 Wash. 437
• 87 P. 498
• 1906 Wash. LEXIS 855

Syllabus

<p>States — Contract of Employment — Authority of Railway Commission — Compensation of Expert. Under Laws 1905, p. 145, §§ 2 and 12, authorizing the railway commission “to employ” experts, the commission has power to fix their salary and the same cannot be questioned by the state auditor as excessive, in the absence of fraud (Fullerton, J., dissenting).</p> <p>State Auditor — Claims Against State — Auditing of. Under Bal. Code, §§ 134 and 147, which provide for the auditing of all claims against the state by the state auditor, except such as are expressly authorized by law to be audited and settled by other officers, the auditor exercises no judgment and discretion but only acts in a ministerial capacity in auditing the claim of an expert authorized by law to be employed by the state railway commission, although the commission is not authorized to “audit” the claim (Fullerton, J., dissenting).</p> <p>Mandamus — To State Officer — Judicial or Ministerial Capacity —Practice Under Code. Under the code, it is immaterial whether mandamus to a state officer is sought to review the exercise of judgment and discretion or acts done in a purely ministerial capacity, as the proceeding is a form of civil action in which any appropriate relief may be awarded.</p>