[Download] "State Ex Rel. Browning v. Brandjord Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Browning v. Brandjord Et Al.
- Author : Supreme Court of Montana
- Release Date : January 26, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Injunction ? Public Welfare Board ? Illegal Expenditure of Funds ? Legislative Appropriations ? Reversion into General Fund ? Statutes ? Implied Repeal ? Contracts ? Agreement to Enter into Agreement ? When not Contract. Statutes ? When Implied Repeal Results. 1. Before an earlier statute may be said to have been impliedly repealed by a later one, the two Acts must be plainly and irreconcilably repugnant to or in conflict with each other; they must relate to the same subject and must have the same object in view; before declaring such a repeal, the court should make every effort to reconcile the statutes and render every provision of each effective, if possible. Same ? State Funds ? Legislative Appropriations ? Public Welfare Board ? Reversion of Appropriations to General Fund ? Applicable Statute Held not Impliedly Repealed. 2. Held, that section 304, Revised Codes, declaring that all state moneys appropriated for any purpose shall revert into the several funds from which appropriated after the expiration of the time for which appropriated, but that any unexpended balance in any specific appropriation may be used for either of the two years for which appropriated, has not been impliedly repealed by either Chapter 5 or Chapter 40, Laws of 1937, designed to prevent deficiency appropriations, and neither of which makes mention of reversion of appropriations, and that therefore any unexpended balance of the appropriation made for the year ending March 1, 1938, for administrative or other purposes of Chapter 82, Laws of 1937, creating the Public Welfare Board, did not revert into the general fund but may be used for the succeeding year. Contracts ? Agreement to Enter into Agreement on Terms to be Settled Later not Contract. 3. An agreement to be finally settled must comprise all the terms which the parties intend to introduce; an agreement to enter into an agreement under terms to be afterwards settled does not amount to a contract. Public Welfare Board ? Disbursement of Funds Under Contracts to be Settled in Future Held Illegal ? Injunction. 4. Held, on application for writ of injunction to prevent the delivery of a check for $150,000 made in favor of the Treasurer of the United States in behalf of the Works Progress Administration by the State Public Welfare Board in payment of materials and supplies to be - Page 396 used in the construction of public works sponsored by the state under contracts to be thereafter entered into between federal and state agencies and which materials and supplies were to be purchased in the future, that under the Act of its creation it is the boards duty to supervise the expenditure of state funds appropriated for its use and is without power to turn over such funds to a federal agency to be used in the purchase of materials which it is the boards duty to make and that, therefore, the writ lies to prevent such action.