Gamble v. Velarde

This is an original action in mandamus to compel the state auditor to issue a warrant upon the special suspense fund in the state treasury, for payment of plaintiff’s claim, approved by the state comptroller, for refund of the excise tax collected upon sales of gasoline used otherwise then in motor vehicles operated on the public highways. L. 1931, c. 31.

The cause is before us upon an alternative writ, an answer, and a stipulation of facts. Questions of law only are presented. The most important is whether defendant may issue the warrant without violating N. M. Const, art. 4, § 30: “Except…