State ex rel. Langer v. Kositzky

Application by tbe State of North Dakota, upon tbe relation of tbe Attorney General for a writ of mandamus against Carl R. Kositzky, as State Auditor. “It is elementary, ‘except as limited by constitutional provisions,’ that tbe legislature has control over tbe finances of tbe state; that its power as to tbe creation of indebtedness, or tbe expenditure of state funds, or making’ appropriations, is plenary, and tbe exercise of tbis power cannot be controlled or reviewed by tbe courts.” 36 Cyc. 882. Tbe state auditor derives bis powers from legislative enactments; bis duties are all prescribed…