State Highway Board v. Gates

This is a petition for a writ of mandamus to compel the petitionee, Benjamin Gates, as state auditor of accounts, to issue his warrant upon requisition of the petitioner for all expenditures made from the four hundred thousand dollars increase to the appropriation to the state highway department made by the emergency board under authority of section 2 of No. 37 of the Acts of 1937. To this petition defendant has demurred and has briefed two grounds of demurrer, namely:

1. “The purpose, intent-and meaning of section 2 of No. 37 of the Acts of 1937 under which the sum of four hundred thousand…