Narrative Opinion Summary
In a mandamus proceeding initiated by the Post Auditor against the State Auditor, the central issue was whether the petitioner's salary claim for part of March 1951 was valid under the constitutionality of House Bill 74, Chapter 28, enacted by the Arizona Legislature. The petitioner, initially appointed in October 1950, was reappointed after the 20th Legislature adjourned without confirming his position. The State Auditor refused salary payments, arguing the Act and the appointment were unconstitutional. The court examined the separation of powers and legislative authority under the Arizona Constitution, concluding that the legislature has the authority to define the duties of executive offices, including the post auditor. The court also upheld the validity of ad interim appointments when legislative disapproval is absent. It was determined that the establishment of the post auditor's office did not violate constitutional separation of powers and that the petitioner was entitled to his position and salary under the legislative provisions. Consequently, the alternative writ of mandamus was made permanent, allowing the petitioner to receive payment for the contested salary period.
Legal Issues Addressed
Constitutional Compliance of Legislative Actssubscribe to see similar legal issues
Application: The Act establishing the post auditor position was found to comply with the Arizona Constitution, confirming the petitioner's lawful tenure.
Reasoning: The court finds that the Act establishing the post auditor position complies with the Arizona Constitution, confirming that the petitioner is lawfully in office since his appointment on October 1, 1950, and is entitled to all associated benefits.
Legislative Authority to Define Executive Dutiessubscribe to see similar legal issues
Application: The court affirmed that the legislature has the authority to define the duties and powers of executive offices such as the attorney general and state auditor through statute.
Reasoning: The office of the attorney general, as established by the state constitution, is subject to legislative authority, which includes the ability to define the office's duties and powers through statute.
Separation of Powers under Arizona Constitutionsubscribe to see similar legal issues
Application: The court determined that the legislature's authority to create the office of post auditor and define its duties does not violate the separation of powers doctrine.
Reasoning: The court rejects claims that Chapter 28 violates Articles 3 and 5 of the Arizona Constitution.
Validity of Ad Interim Appointmentssubscribe to see similar legal issues
Application: The petitioner remained legally in office under an ad interim appointment as the legislature did not disapprove his appointment during the subsequent session.
Reasoning: Such appointments are valid until the legislature acts to disapprove them. The legislature took no action regarding the petitioner's ad interim appointment during its subsequent session, maintaining the legality of the appointment.