Heston v. Mayhew
Heston v. Mayhew
Opinion of the Court
It appears from the application herein that the commissioner of school and public lands has, agreeably to the provisions of Chap. 137, Laws 1890, apportion to the Agricultural College $1,197.71, rent of leased lands belonging to such college. Defendant is the state auditor. He refuses to issue and transmit his warrant for the amount as directed by the law above cited, claiming it has been repealed or modified by Chap. 97, Laws 1895. No legislative authority for issuing the warrant exists other than the act of 1890, and the only question presented is whether the authority contained therein has been revoked by the act of 1895.
Reference
- Full Case Name
- Heston v. Mayhew, State Auditor
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Laws 1890, Chap. 137, providing for the annual apportionment among the several educational institutions of the income of their lands (which lands, Const. Art. 8, § 7, provides, shall remain a perpetual fund, the income to be applied to the institutions to which they were granted) and providing for the issuance of warrants for the amounts so apportioned, was not impliedly repealed by Laws 1895, Chap. 97, forbidding the creation of unauthorized indebtedness against the state, and providing that no warrant shall issue without an appropriation first made by the legislature in exact amount for the specific purpose.