State ex rel. Monroe & Son Co. v. Baker
State ex rel. Monroe & Son Co. v. Baker
Opinion of the Court
1. Sections 1206 and 7182, General Code, are in pari materia and should be construed together. In counties where a resident engineer
2. By virtue of the provisions of the “Ad ministrative Code,” 109 O. L. 105-135, the director of highways and public works is in-' vested with certain powers and duties involving judgment and discretion independent of the governor and not subject to be controlled by executive orders.
3. By virtue of Section 2288-2, General Code no public improvement constructed by the expenditure of state funds can lawfully proceed unless the director of finance shall first cer - tify that there is a balance in the appropriation not otherwise appropriated to pay precedent obligations. In the event the money is in fact in the fund it is the ministerial duty of the director of finance to make the required certificate and the discharge of this duty may be compelled by mandamus.
Writ allowed.
Reference
- Full Case Name
- State, ex rel. Monroe & Son Co. v. W. E. Baker, Dir. State, ex rel. Andrews Asphalt Paving Co. v. A.| V. Donahey, Governor
- Status
- Published