State ex rel. McGahan v. Morris
State ex rel. McGahan v. Morris
Opinion of the Court
The opinion of the Court was delivered by
This is an application to the Supreme Court, in the exercise of its original jurisdiction, for a writ of mandamus, commanding the auditing committee of the county board of commissioners for Charleston County to audit the vouchers of the secretary of the Charleston Sanitary and Drainage Commission. The petition and the return to the rule to show cause, will be set out in the report of the case. The petitioners demurred to the return on the ground that it did not state facts sufficient to prevent them from obtaining relief to which the petition showed they were entitled.
In the 4 Cyc. of Law & Pro., 1055-7, the word “audit” is thus defined: “To examine; to pass upon; to hear and examine; to pass upon and adjust; to examine and adjust an account; to examine, settle and adjust accounts — to verify the accuracy of the statement submitted to the auditing officer or body; to hear, examine, adjust, pass upon and settle an account, and then allow it; te» hear, and upon the hearing to adjust, or to allow, or to- reject, or otherwise decide according to the nature of the claim; the examination and allowance of accounts.” In the note it is stated, that “in its broader sense it includes its adjustment or allowance, disallowance or rejection.” It is thus defined in 3 Enc. of Law, 513: “Audit means to hear and examine; to pass upon and to adjust; to examine and adjust an account or accounts.” In the note it is said: “The word implies an exercise of judicial discretion.” Also, “To audit means to hear, examine, adjust, pass upon and settle the account, and then allow it. It matters not whether the duty was difficult or easy; in its nature it required the exercise of judgment, and that is enough.”
The duty of the auditing committee is both ministerial and judicial — it is ministerial, in so far as the hearing and examination of the claim is involved, and judicial, in determining whether it shall be approved or rejected. Mandamus is the appropriate remedy to require the auditing committee to take action upon the claim, but not to interfere with the discretion of the committee in approving or rejecting the claim as it may see fit.
The writ has already been issued, commanding the auditing committee h> audit the claim, in so far as their ministerial duties were involved, but this Court did not, and cannot, undertake to say, in this proceeding, whether it should be approved or disallowed.
Reference
- Full Case Name
- STATE EX REL. McGAHAN v. MORRIS
- Status
- Published
- Syllabus
- 1. Charleston Sanitary and Drainage Commission — County Board oe Commissioners — Mandamus.—It is the duty of the auditing committee of the board of county commissioners of Charleston County to audit the accounts of the Charleston Sanitary and Drainage Committee, and mandamus is the proper remedy to compel the committee to perform the ministerial duty of passing on the claims, but the Court cannot compel it thereby to approve or reject a claim. 3. Constitution. — Respondents in mandamus cannot raise the question of the unconstitutionality of an act on which they partly rely.