State Ex Rel. Sullivan v. Boos

1. The auditor’s standing to question constitutionality. Relator argues that the county auditor is a ministerial officer, without authority to withhold his signature because of his doubts concerning the constitutionality of an ordinance or statute which appears on its face to require the particular disbursement. The ordinance in question, on its face, appears to require the payment demanded by relator. Sec. 252.071, Stats. 1959, on its face, appears to authorize adoption of the ordinance. It is not claimed there was any procedural defect or insufficiency in the appropriation of money for the…