Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Manning v. Frohmiller

Supreme Court of Arizona

December 29, 1941

G. F. MANNING, M.D., Petitioner,
v.
ANA FROHMILLER, as State Auditor of the State of Arizona, Respondent

Original proceeding in Mandamus. Alternative writ made permanent.

Messrs. Wilson, Compton & Wilson, for Petitioner.

Mr. Joe Conway, Attorney General, and Mr. Earl Anderson, Special Assistant Attorney General, for Respondent.

OPINION

LOCKWOOD, C.J.

G. F. Manning, petitioner, has filed a petition for a writ of mandamus against Ana Frohmiller, state auditor, respondent, commanding [58 Ariz. 406] her to approve certain warrants for his salary as superintendent of public health. The facts are not in dispute, the question depending upon the construction of certain parts of chapters 105 and 122 of the laws of the regular session of 1941. These chapters, so far as material to the consideration of this case, read as follows:

"Chap. 105. Sec. 9. Superintendent. (a) The superintendent of public health shall be appointed by the board....

"(c) The superintendent shall devote his full time to the duties of the office, and shall not engage in the private practice of medicine in any other occupation. He shall receive a salary, to be fixed by the board within the limits of funds available therefor, of not less than four thousand eight hundred dollars per annum....

"Sec. 13. Financial Provisions. (a) The public health fund shall consist of appropriations and of all receipts from any other source for the use of the department. The state treasurer shall receive and disburse moneys donated to or provided for the department by any person, town, city, benevolent organization, or other agency for public health work, and moneys so received shall be deposited in the public health fund. The salaries and expenses of the department shall be paid from said fund. Disbursements therefrom shall be made upon claims signed by the superintendent, in the manner provided by law for payment of other claims against the state.

"(b) Moneys received from the United States, or any agency thereof, for public health purposes, shall be kept in a separate account in the public health fund. Any unexpended and unencumbered balance of federal funds remaining in the public health fund at the end of a fiscal year shall not revert to the general fund."

"Chap. 122. Section 1. The following sums herein set forth are hereby appropriated... for the several purposes and objects as hereinafter specified, and the state auditor is hereby authorized and directed [58 Ariz. 407] to draw warrants on the state treasurer to and not to exceed the amounts herein set forth and for the purpose herein specified; and the state treasurer is hereby authorized and directed to pay said warrants out of the general fund of the state and the appropriation for the respective state agencies herein made....

Page 417

"Subdivision 18. Board Of Health And Child Hygiene.

"For the

For the

30th Fiscal

31st Fiscal

Year

Year

"Board of Health and Vital

Statistics:

"Salary-Superintendent and

Registrar

$3,600.00

$3,600.00"

(Following which are listed specific appropriations for the expense of various sub-departments of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.