Territory of New Mexico ex rel. Childrens Home Society v. Sargent
Territory of New Mexico ex rel. Childrens Home Society v. Sargent
Opinion of the Court
OPINION OP THE COURT.
(After stating the facts as above). From the foregoing statement of facts it is apparent that there is only one question to be considered: I)o the provisions of section 11) c. 127, Session Laws of 1909, extend the grant made to the appellee in Section 2 of said act- to the sixty-third fiscal year? Section 11 (quoted in statement of facts) in extending the appropriations extends all appropriations in such act, “unless otherwise provided bjr law.” There was no session of the Territorial Legislature held in 1911, and hence no other provision for the appropriation for the sixty-third fiscal year, except as contained in Section 11, cited supra.
The judgment of the lower court is therefore reversed, and the cause remanded, with directions to set aside the peremptory writ of mandamus, and quash the alternative writ, and it is so ordered.
Reference
- Full Case Name
- TERRITORY OF NEW MEXICO, ex rel. THE CHILDRENS HOME SOCIETY, a Corporation v. WILLIAM G. SARGENT, Territorial Auditor
- Status
- Published
- Syllabus
- SYLLABUS. 1. Laws 1909, Chapter 127, sec. 2, provides an appropriation of $5,000 to the Children’s Home Society, “for the purpose of providing a receiving home which shall be constructed, or obtained through the supervision of .said society and shall not be considered an appropriation for maintenance. And it is hereby specially understood that the said society shall at no time in the future call upon the Territory for any further appropriation of any kind or character. Laws 1909, Chapter 127, sec. 11, provides-: ‘Whenever any subsequent legislature shall fail to pass an appropriation act, the same appropriation made for the 61st and 62nd fiscal years are hereby extended for each and every fiscal year thereafter, uniese otherwise provided by law.” Held, that the appropriation in question was not a continuing one; that it was for a definite purpose and not for maintenance.