Preece v. Rampton

ELLETT, Justice:

This is an appeal from the ruling in a declaratory judgment action which was brought to determine the constitutionality of Section 67-4-4, U.C.A.1953. This section removes from the state auditor the duty to *58draw warrants upon the state treasurer and places it with the department of finance.

The trial court held that the section was unconstitutional in that it usurps the constitutional duties and prerogatives belonging to the state auditor.

The precise question was before this court in the case of Allen v. Rampton,1 and we think that case is determinative of the instant matter.

The…