Parks v. Commissioners of Soldiers' & Sailors' Home
Supreme Court of Colorado
JError to the District Court of Arapahoe County. The revenues of the state for the fiscal year A. D. 1895, not being sufficient to meet all the appropriations made by the legislature for that year, the auditor refused to issue warrants for a part of the appropriation for the Soldiers’ and Sailors’ Home, and also refused to issue warrants for a part of the salary and expenses of the commissioner of mines and his assistants.
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JError to the District Court of Arapahoe County. The revenues of the state for the fiscal year A. D. 1895, not being sufficient to meet all the appropriations made by the legislature for that year, the auditor refused to issue warrants for a part of the appropriation for the Soldiers’ and Sailors’ Home, and also refused to issue warrants for a part of the salary and expenses of the commissioner of mines and his assistants. Actions were accordingly commenced to compel the auditor by mandamus to issue warrants for the residue of' these appropriations. It is averred in the answers of the…
1Opinion of the CourtChief Justice Hayt
These cases, having been consolidated for the purpose of the argument, will be considered together. They are a part of the crop of litigation which springs from the custom of the legislature, at each biennial session, to appropriate money in excess of the revenues of the state, in violation of express constitutional mandates, leaving the various claimants to contest in the courts their rights to the actual revenue.
This practice on the part of the lawmaking power has led to expensive and vexatious litigation, to the impairment of the credit of the state, resulting not infrequently in the…
2Cases cited7 opinions
- In re Appropriations by General AssemblySupreme Court of Colorado · 1889
- People ex rel. Campbell v. ClarkCalifornia Supreme Court · 1851
- Institute for the Education of the Mute & Blind v. HendersonSupreme Court of Colorado · 1892
- Henderson v. People ex rel. WingateSupreme Court of Colorado · 1892
- People ex rel. Regents of the State University v. State Board of EqualizationSupreme Court of Colorado · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Commonwealth Ex Rel. Schnader v. LiverightSupreme Court of Pennsylvania · 1927
- Leckenby v. Post Printing & Publishing Co.Supreme Court of Colorado · 1918
- State Ex Rel. Oster v. JorgensonSouth Dakota Supreme Court · 1965
- Holmgren v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1990
- State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
23 more not listed; retrieve them via the Exa API.