C. A. HUDSON, Doing Business as Hudson Tire Co., Petitioner,
WILLIAM T. BROOKS, as State Treasurer of the State of Arizona, Respondent
ORIGINAL proceeding in mandamus.
Alternative writ made peremptory.
Messrs. Locke and White, for Petitioner.
Mr. John L. Sullivan, Attorney General, and Mr. Earl Anderson, Assistant Attorney General, for Respondent Treasurer.
Mr. Charles Strouss, Amicus Curiae, for State Auditor.
Mr. R. G. Langmade, Assistant Attorney General, Amicus Curiae, for State Highway Department.
Stanford, C. J. LaPrade and Morgan, JJ., concur.
Stanford, C. J.
[62 Ariz. 507] Petitioner filed in this court, in the first instance, his petition for a writ of mandamus upon which an alternative writ was issued directing respondent to pay a certain warrant presented to him for services rendered to the State Highway Department, or show cause why the same should not be paid.
When the services were rendered by petitioner he duly filed his claim with the State Highway Department. The claim was then duly audited by Ana Frohmiller, State Auditor, and she issued and approved a warrant for same dated April 17, 1945, payable to petitioner and chargeable against the State Highway Fund. Thereafter the Governor of Arizona duly approved the warrant. Petitioner thereupon, on April 27, 1945, presented the warrant to respondent for payment, who refused to honor or pay the same.
By his reply to this court of why he should not pay the warrant in question, respondent sets out that funds had not been previously appropriated for the payment of same, and that he is prohibited to make payment by Section 4-308, Arizona Code Annotated 1939, which section reads as follows:
"Drawing of warrants. -- In all cases of claims duly audited and allowed by the auditor, and of specific appropriations, salaries, pay, or expenses, provided for by law, the auditor shall draw a warrant on the treasurer of the state for the amount as allowed in the [62 Ariz. 508] form required by law, and notify the state treasurer. No warrant shall be drawn by the auditor or paid by the treasurer unless the money has been previously appropriated; nor shall the whole amount drawn for or paid under one budget item ever exceed the amount appropriated by law for that purpose. . . ."
Respondent's further response to the mandamus of this court is:
"II. The warrant held by the C. A. Hudson Tire Company shows on its face it has been drawn on the appropriation described as the State Highway Fund, a continuing appropriation established by an Act of the Legislature in 1927, set ...