Page:North Dakota Reports (vol. 3).pdf/353

 to such an office; much less would such appointment operate to authorize the state auditor to draw warrants on the treasurer, as and for the salary of such secretary, at the rate of $1,500 per annum. No money can be drawn from the state treasury without authority of law. If there is any law which will justify paying the relator a salary of $1,500 per annum, it is conceded that it must be found in § 27, of the act of 1889, which we have quoted above, and which, the relator contends, is still in force.

The attorney general cites Ch’s 9 and 10 of the Laws of 1890 to show that § 27, supra, has been repealed by necessary implication, if not in terms. Chapter 9 is entitled “An Act to Provide Clerk Hire for the Various State Officers, and Making Appropriation Therefor.” Chapter 10 is an amendment of Ch. 9. Section 1 of Ch. 9, as amended, provides: “The following amounts are hereby fixed and allowed for clerk hire of the several state officers hereafter mentioned,” etc. Section 1 then goes on to provide clerk hire for¢he governor's office, and all other state offices, and concludes in the following language: “Commissioners of railroads, one thousand dollars per annum.” The proviso of § 1 is as follows: “Provided, that atl clerical appointments shall first be referred to the governor for his approval.” Section 2 provides for a continuing annual appropriation for such clerk hire. Section 3—the emergency section—declares, as a reason why the act should go into immediate effect, that there was then existing “no provision by law for the payment of any clerk hire for the several state officers.” A summary of these statutory provisions will show: First, That the state legislature, at its first session, after clothing the commissioners, then newly elected by the people, with extensive powers, some of which were of a nature to require the services of a clerical assistant, authorized the said commissioners, with the approval of the governor, to appoint a clerk to serve the commissioners. Second, The legislature provided a continuing annual salary for the clerk so to be appointed. Third, The legislature itself declared, in effect, in the emergency clause of the statute, that there was, when the act was passed, no other