Baggett v. Dunn

Thornton, J. Application for - a writ of mandate compelling the respondent as controller of state to draw his warrant on the state treasury in favor of petitioner, Baggett, payable out of the general fund, for the sum of two hundred dollars ($200), as salary of petitioner as Deputy Supreme Court Reporter for the month of July, 1885.

The act authorizing the appointment of Deputy Supreme Court Reporter was passed February 26, 1881 (Stats. 1881, p. 9), and is entitled “An act to provide for the appointment of a Deputy Supreme Court Reporter, and to regulate his compensation.” The act is in these words: —

[76]“Sec. 1. The reporter of the decisions of the Supreme Court is hereby authorized to appoint a deputy, and such deputy shall hold his office at the will of the reporter.

“ Sec. 2. The salary of such deputy shall be two thousand four hundred dollars per annum, payable monthly, out of any money in the general fund not otherwise appropriated, and the controller of state is hereby authorized and directed to draw his warrants monthly for such purpose, and the state treasurer is hereby authorized and directed to pay the same.

“ Sec. 3. This act shall take effect from and after its passage.”

The answer of respondent denies that it is his duty to draw a warrant in favor of the petitioner for the amount stated in his application, or for any amount whatever.

It avers that, as provided by section 433j subdivision 17, of the Political Code, one of the conditions the existence of which is necessary to enable the respondent to draw a warrant is, that there must be an unexhausted specific appropriation provided by law to meet the same; that there is no unexhausted specific appropriation to meet the claim of petitioner; that the legislature at its last session wholly failed to make any appropriation whatever to meet or pay his claim.

It is further averred that the legislature of the state of California by the appropriation act of 1883, entitled “An act making appropriations for the support of the government of the state for the thirty-fifth and thirty-sixth fiscal years,” approved March 9, 1883 (see Stats. 1883, p. 78), made the following appropriation: “For salary of deputy reporter of the decisions of the Supreme Court, four thousand eight hundred dollars”; that all of this appropriation has by warrant thereon been exhausted, and that there is now no money appropriated to pay petitioner’s claim.