vestigating committee. It follows, therefore, in accordance with the discussion herein had, that there exists no legislative appropriation and no legislative authority for the disbursement out of the balance of funds appropriated of moneys for the petitioners.
The action of the trial court in sustaining the motion to quash was therefore proper, and its order should be affirmed.
Robinson, C. J., concurs.
Grace, J. (concurring in result). The relators applied for a writ of mandamus to compel the State Auditor to issue certain warrants. In the lower court a demurrer was interposed to the petition, and a motion made to quash it. The motion was by the trial court sustained. Appeal was taken to this court, and the trial court’s order, by the main opinion, is affirmed, and we concur in the result at which the main opinion has arrived.
Birdzell, J. (dissenting). I dissent from the conclusions reached by the majority for the reason that in my opinion the applicable legislative enactments have not been properly construed. I express no opinion on the constitutional question discussed, as I do not deem it involved. In order to set forth clearly the basis for this difference of opinion, it is necessary to briefly state the substance of the provisions of the statutes relating to the payment of legislative expenses. Section 34, C. L. 1913, enumerates the officers and employees of the Senate and House of Representatives of the Legislative Assembly. Section 35 reads:
“No employees of the Legislature other than those provided by § 34 shall be paid, except by a resolution of the Senate or House of Representatives.”
Prior to the time when the Legislature adopted the policy of passing a budget or general appropriation bill biennially, provision was made for a standing appropriation covering legislative expenses as follows (§ 35, R. C. 1905) :
“There is hereby appropriated out of any money in the state treasury, not otherwise appropriated, as a standing and continuing appropriation, such a sum as may be necessary to pay the mileage and per diem of members and the salaries of the officers and of the employees of the Legislative Assembly; and the State Auditor is authorized to draw his warrants on the State Treasurer for such sums as may from time to time become due to such members and employees.”
