State ex rel Board of University v. McMillan
North Dakota Supreme Court
Original application for mandamus by the state of North Dakota,, on the relation of the Board of University and School Lands, against D. H. McMillan, as state treasurer.
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Original application for mandamus by the state of North Dakota,, on the relation of the Board of University and School Lands, against D. H. McMillan, as state treasurer. The act of the legislature authorizing the issue of the bonds m question is unconstitutional and void, being in conflict with section. 159 of constitution, in that it diverts a portion of the funds inviolably appropriated and applied to the- support of the normal school, to the payment of interest and discount. It is immaterial that the interest is only four per cent, or that there is no danger of the bonds being sold at a…
1Opinion of the CourtYoung, C. J.
Upon the petition of the members of the board of university and school lands an alternative writ of mandamus was issued by this court directed to D. H. McMillan, as state treasurer, and commanding him to pay a certain warrant for .$60,000 drawn upon him by the state auditor, and payable to the treasurer of the Valley City normal school or show cause why he has not done so. The warrant is payable out of that ^portion of *287the permanent school fund dedicated by the enabling act and the state constitution to the support of the common schools, and was drawn to pay the purchase price of certain…
2Cases cited10 opinions
- Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
- Quill v. City of IndianapolisIndiana Supreme Court · 1890
- City of Joliet v. AlexanderIllinois Supreme Court · 1902
- State ex rel. Stallard v. WhiteIndiana Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Baker v. CarterSupreme Court of Oklahoma · 1933
- Boswell v. StateSupreme Court of Oklahoma · 1937
- Lang v. City of CavalierNorth Dakota Supreme Court · 1930
- Boe v. FossSouth Dakota Supreme Court · 1956
- State ex rel. University of Utah v. CandlandUtah Supreme Court · 1909
26 more not listed; retrieve them via the Exa API.