Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...1 The statement in chapter 39, recited in the writ, to wit, that the sum claimed by plaintiff was and is "to compensate him for injuries received while in the militia service of the state of South Dakota," must be considered as an allegation of fact which, taken in connection with the allegations that the Legislature has appropriated money for payment of the amount claimed, upon presentation of a voucher therefor, and'a receipt for the warrant, to be issued by the treasurer, constitute the pleading demurred' to, and are claimed by plaintiff to be allegations of fact sufiicient to entitle him to the relief demanded. Stated in another form, the allegations of the writ are that plaintifl, while in the militia service of the state of South Dakota, received injuries, and that the Legislature has appropriated the sum of $7,000 for his relief, and to compensate him for such injuries, and that the auditor has refused to issue a warrant for the amount so appropriated, on the grounds: First, that the Legislature is without power to appropriate-money for other than a public purpose, and that the appropriation alleged, on the face of the writ, is an appropriation for the benefit of a private person; second, that the act is special legislation violative of the state Constitution. Section 9 added to article 13, pursuant to chapte: 2, Special Session 1916, declares the maintenance of good roads and the supplying of coal to the people of the _state from lands belonging to the state to be works of necessity and importance in which the state may engage. The amended section I of article 13 was adopted pursuant to chapter 163, Laws of, 1917. At the 1918 Special Session other amendments to article 13 of the Constitution were proposed...