State Compensation Insurance Fund v. Riley

THE COURT.

Petitioner, the State Compensation Insurance Fund, seeks by this proceeding in mandamus, to compel the respondent, the state controller, to approve a claim and issue a warrant in favor of John L. McNab, Esq., with whom petitioner has entered into a contract for professional legal services. The controller has refused to draw a warrant ‘ ‘ for the reason that there is no authority in the law for the State Compensation Insurance Fund to employ an attorney upon the contract”.

So far as pertinent here, the petition alleges: The facts pertaining to the constitutional and statutory…