State ex rel. Ross v. Donahey

Citations

• 93 Ohio St. (N.S.) 414

Syllabus

<p>Mandamus — Issuance of state auditor’s warrant for rental — Lease by state industrial commission — Section 871-6, General Code (103 O. L., 96) — Necessary and current expenses of state departments — Not a debt or liability, when — Sections 1, 2 and 3, Article VIII, Constitution.</p> <p>1. Where the general assembly of Ohio has authorized some department or subdepartment of the state government, such as the industrial commission of Ohio, to secure suitable quarters necessary for the transaction of its business pursuant to law, and a contract is regularly executed and signed by the proper parties, which contract by its terms is made subject to an appropriation by the state legislature, and such legislature makes the necessary appropriation pursuant to said contract; Held: Mandamus is the proper remedy to compel the auditor to issue a warrant for any amount due from the state pursuant to such contract.</p> <p>2. The necessary, and current expense growing out of the rental of suitable and necessary quarters for the transaction of the state’s business, for which appropriation has been made by the state legislature, is not a debt or liability within the inhibition of the provisions of the constitution.</p>