State ex rel. Null v. Mayhew

Citations

• 10 S.D. 365
• 73 N.W. 200
• 1897 S.D. LEXIS 74

Syllabus

<p>1. Laws 1890, C. 108, ? 1, provides that, in all appropriations of money for periods longer than one year, the expenditures for one year shall never exceed the proportion which one year of time bears to the whole time. In 1897, among other appropriations for the railroad commissioners, $4,500 was appropriated “for litig-ation fund for biennial period of 1897 and 1898.” Held that, after warrants for one-half of that amount had been audited, the auditor could not audit a further account against such fund during the first fiscal year of such period, though allowed by the commissioners.</p> <p>2. Such law of 1890 was not repealed by implication by the making of such appropriation, as the language used therein indicates that such appropriation was made with express reference to such law.</p>