Walker v. Dearing

SEPARATE applications for alternative writs of mandamus directed against Charles M. Armstrong, as state treasurer in case No. 14,563, and in case No. 14,564 against Armstrong as state treasurer and Homer F. Bedford as state auditor, were filed April 10, 1939, by the respective petitioners, invoking original jurisdiction of this court and praying that the respondents in their respective official capacities be required to issue and pay certain warrants hereinafter mentioned or show cause. As will be obvious from a perusal of the recital of the facts to follow, the controversy involves public matters of the greatest gravity and importance to the people and government of the state. In the light of these impelling circumstances and to the end that the determination of the questions presented might be expedited, in the exercise of our original jurisdiction we caused the alternative writs to issue. In response thereto on April 12, respondents filed separate demurrers to the petitions. The cases were consolidated for argument, argued on April 13, and all parties agreed that disposition of the demurrers will amount to a conclusive determination of the issues involved without necessity for further pleading or proceedings. Since the resolution of certain basic questions, common to both proceedings, primarily relating to the validity and effect of House Bill No. 122 of the Thirty-second General Assembly are decisive of the major issues, we shall discuss and dispose of both causes in one opinion. For convenience such incidental matters as are not common to both cases also will be specifically mentioned in this opinion.