[DOWNLOAD] "Guillot v. State Highway Com. Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Guillot v. State Highway Com. Et Al.
- Author : Supreme Court of Montana
- Release Date : January 08, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Injunction ? Jurisdiction of Supreme Court ? State Highway Commission ? Powers ? Writ to Enjoin Erection of Administration Building Denied ? Statutes ? Construction. Injunction ? Original Jurisdiction of Supreme Court in Taxpayers Suit. 1. The supreme court has original jurisdiction in a proceeding for writ of injunction prosecuted in behalf of plaintiff taxpayer and all other persons similarly situated, to restrain the expenditure of public moneys, where the alleged wrong to be averted is imminent and substantial relief may be awarded. State Officers and Commissions ? Implied Powers in Addition to Those Conferred by Constitutions and Statutes. 2. The powers which a state officer, commission or department may exercise are not confined to those expressly granted by the state Constitution or statutes; in addition they have by implication such powers which are necessary for the effective exercise and discharge of those expressly conferred. Same ? Expenditures of Public Moneys ? Ambiguity in Statutory Provisions ? Construction ? Resort to History of Legislation Proper. 3. Where a statute authorizing a state commission to expend public funds is ambiguous as to how far it may go in expending a certain percentage of such funds for a certain purpose, resort may be had to the history of the legislation. Same ? Administrative Practice ? If Consistent and Unchallenged not to be Overturned Lightly by Courts. 4. While administrative practice of a state board or commission in the expenditure of moneys placed at its disposal cannot overcome the provisions of a statute in that behalf so plain as to leave nothing for construction, such practice, if consistent and unchallenged, will be overturned by courts only for very cogent reasons if the scope of the statute is indefinite and doubtful, particularly where the practice has received legislative approval. Same ? State Highway Commission ? Means and Methods of Accomplishing Purpose of Act in Discretion of Commission. 5. Where the legislature confers upon a state board or commission broad and general powers, such as it has conferred upon the State Highway Commission relative to the expenditure of moneys coming into the highway fund, for the construction, maintenance, administration and engineering, provided that not more than 8 per cent. thereof shall be spent for administration and engineering, the commission - Page 150 is vested with discretion in choosing the means and methods of accomplishing the result, and in the absence of fraud or manifest abuse of discretion, its determination is conclusive. State Highway Commission ? Erection of Administration Building at State Capitol ? Injunction to Prevent Erection of Building Denied. 6. Held, on application for writ of injunction to restrain the State Highway Commission from expending funds for the erection of a building on capitol grounds for the housing of the different departments of the commission, on the ground that the 8 per cent. of the highway fund which under the State Highway Act the commission may expend for "administration and engineering" purposes may not be used for the erection of such structure, that under the implied powers of the commission deemed necessary to render the granted powers efficacious and the performance of its duties effectual, the erection of the building is a proper function in the administration of the highway program provided the contemplated expenditure does not exceed 8 per cent. of the commissions available funds. (MR. CHIEF JUSTICE SANDS dissenting.)