quiescence in and approval of such construction by subsequent legislative assemblies and chief executives ought to dispel all possible doubt as to the legislative intent.” State ex rel Linde v. Packard, 35 N. D. 315; 36 Cyc. 1140, 1142.
Wm. Lemke, Attorney General, and George K. Foster, Assistant Attorney General, for respondent.
“Until such a law is enacted, there is no authority to employ such clerks or pay for their service.” State v. Wallichs, 14 Neb. 439, 16 N. W. 481; Syllabus in State v. Wallichs, Supra; Syllabus in Cook v. Auditor General, 129 Mich. 48, 87 Neb. 1037.
“It is a fundamental principal of law that: ‘The compensation of state officers, and employees, including the amount, and the time and mode of payment, is ordinarily provided for and prescribed by law, and a public officer or agent is. not entitled to compensation for his services unless so provided.’” 36 Cyc. 863.
STATEMENT
Bronson, J. The relators seek to compel the State Auditor to issue certain warrants. They have appealed from an order sustaining a demurrer to the petition for mandamus.
This petition alleges, in part, that on January 29, 1921, the House of Representatives adopted a resolution for the appointment of a special House committee to consider an audit of the state bank and state industries and to secure such information and data as was desirable; it empowered the committee to procure such legal assistance, such accounting experts, and such other expert and other aid and assistance as the committee should deem necessary and advisable, and granted further, to such committee, the power to summon witnesses and take testimony; that, pursuant to such resolution, a committee of nine members was appointed by the Speaker; that it thereafter organized and employed the relator Wattam as its reporter, and the other relators as stenographers, to aid and assist in the investigation; that such relators qualified, took the same oath of office as provided for legislative employees, and performed the work assigned to them by the committee; that, on March 4, 1921, this committee returned to the House its report, including a transcript of the testimony taken, the minutes of the meetings had, and a certified statement showing the persons employed and their compensation
