Goodykoontz v. Acker
Supreme Court of Colorado
Error to the District Court of Arapahoe County. Mandamus proceedings against the auditor of state to compel the issuance of warrants for the salary of the inspector of metalliferous mines. Judgment in the district court for petitioner. The state constitution provides that there shall be established and maintained, the office of Commissioner of Mines.
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Error to the District Court of Arapahoe County. Mandamus proceedings against the auditor of state to compel the issuance of warrants for the salary of the inspector of metalliferous mines. Judgment in the district court for petitioner. The state constitution provides that there shall be established and maintained, the office of Commissioner of Mines. The legislature has, however, never created an office by this title, but by an act passed in 1883, and still in force, it did create the office of Inspector of Coal Mines, and by a subsequent act passed in the year 1889, it created the additional…
1Opinion of the Court
Chiee Justice Hayt
delivered the opinion of the court.
Was the defendant in error entitled to the peremptory writ of mandamus ?
It is admitted that no appropriation was made by the ninth general assembly of the state of Colorado for the payment of any salary to the inspector of metalliferous mines for the year 1893, and also that there is no state fund out of which such salary can be paid.
*363Section 33 of art. 5 of the constitution provides that, “ no money shall be paid out of the treasury except upon appropriations made by law, and on warrant drawn by the proper officer in pursuance thereof.”
Among…
2Cases cited3 opinions
- State ex rel. Henderson v. BurdickWyoming Supreme Court · 1893
- In re Continuing AppropriationsSupreme Court of Colorado · 1893
- Institute for the Education of the Mute & Blind v. HendersonSupreme Court of Colorado · 1892
3Cited by5 opinions
- State ex rel. Davis v. EggersNevada Supreme Court · 1907
- People ex rel. Hegwer v. GoodykoontzSupreme Court of Colorado · 1896
- State ex rel. Fornoff v. SargentNew Mexico Supreme Court · 1913
- Parks v. HaysColorado Court of Appeals · 1898
- Parks v. HaysColorado Court of Appeals · 1898