State ex rel. Greive v. Martin

385 P.2d 846, 63 Wash. 2d 126, 1963 Wash. LEXIS 526
CourtWashington Supreme Court
DecidedOctober 17, 1963
DocketNo. 37102
StatusPublished
Cited by5 cases

This text of 385 P.2d 846 (State ex rel. Greive v. Martin) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Greive v. Martin, 385 P.2d 846, 63 Wash. 2d 126, 1963 Wash. LEXIS 526 (Wash. 1963).

Opinion

Donworth, J.

This is an original proceeding in mandamus to compel the State Treasurer to execute, issue and/or honor warrants drawn on certain specified funds for the expenses of the Washington Legislative Council for the duration of the 1963-65 biennium.

An alternative writ was issued directing the State Treasurer to comply with its provisions or to appear and show cause why a permanent writ should not issue.

Relators and respondent have signed and filed herein a statement of agreed facts reading as follows:

“I. The Relator R. R. Greive is a duly elected member of the Washington State Senate and at all times material herein was and is Vice Chairman and acting Chairman of the Washington State Legislative Council; the Relator Alfred O. Adams is a duly elected member of the Washington State House of Representatives and at all times material herein was and is Secretary of the Washington State Legislative Council.
“II. Tom Martin is and has been at all times material herein the duly elected Treasurer of the State of Washington.
“III. The Legislative Council has allotted and obligated all funds remaining in the 1961-1963 biennial appropriation for the reasonable and necessary expenses of the Legislative Council.
“IV. The Legislative Council on May 31, 1963, made demand upon the State Treasurer to honor vouchers and execute, issue and honor warrants drawn upon moneys appropriated to the Legislative Council by section 2, chapter 21, Laws of 1963, Ex. Sess., or in the alternative vouchers and warrants drawn upon moneys in the state treasury not otherwise specifically appropriated for the reasonable and necessary expenses of the Legislative Council from the present time through the end of the 1965 biennium.
“V. On the same date, the Treasurer refused to execute, issue or honor warrants so drawn.
“VI. The State Legislature, during its 1963 session, enacted Engrossed House Bill 1, Laws of 1963, Ex. Sess., on [128]*128April 6,1963; the said bill was immediately thereafter transmitted to the Governor; on April 18, 1963, the said bill was approved by the Governor with the exception of certain items which were vetoed by the Governor, including the appropriation to the Legislative Council.[1]
“VII. Thereafter, the bill as partially vetoed was duly filed with the Secretary of State.
“VIII. It is necessary, in order for the Legislative Council to exercise its powers and perform its duties, that it make immediate expenditures from moneys appropriated by section 2, chapter 21, Laws of 1963, Ex. Sess. (Engrossed House Bill 1) or in the alternative from any moneys in the general fund not otherwise specifically appropriated.”

The Governor was permitted to intervene in this proceeding and has filed a brief in support of the validity of the veto mentioned in paragraph six of the statement of agreed facts. Oral argument was also heard in support of his position.

Relators’ principal argument is that the Governor has exceeded his constitutional authority in vetoing the 1963 appropriation for the Legislative Council, which is a part of Laws of 1963, Ex. Ses., chapter 21, § 2. The title of the act is as follows:

“An Act Adopting the budget; making appropriations and reappropriations for the operation of state agencies and for miscellaneous purposes; and declaring an emergency.”

The particular portion of the act which was vetoed reads:

“General Fund Appropriation for all legislative interim committees duly constituted by the Legislature: Provided, .That expenditures for each committee shall not exceed the amounts designated herein as follows: Legislative Council, $177,741; Legislative Budget Committee, $160,000; Joint Committee on Education, $55,000; Joint Committee on Local Government, $45,000; Joint Committee on Governmental Cooperation, $45,000; Interim Fisheries Committee, $10,000; Public Pension Committee, $15,000; Committee on Labor Management Relations, $40,000; ...............$547,741.”

Relators contend that, in vetoing the foregoing items, the Governor exceeded his constitutional authority and has [129]*129invaded the domain of the legislature, thus impairing or destroying the separation of powers among the executive, legislative, and judicial branches of state government as provided for in our state constitution.

In their brief, relators’ contention, succinctly stated, is as follows:

“Stripped of all extraneous considerations, we believe that the singular and essential issue of this litigation is the determination of whether or not the Governor of this state has exercised the executive veto beyond his inherent constitutional capacity to do so and thereby violated the inviolable — the doctrine of separation of powers — the absolute and enduring prohibition against the encroachment of the inalienable prerogatives of one branch of government by another.
“In this respect we think the rule is absolute: the Governor may not, by the exercise of his veto, impede or interfere with or in any way affect substantive or appropriative measures, whether statutory or parliamentary in form, adopted by the Legislature to facilitate it own internal function.”2

The Legislative Council was created in 1947. See RCW 44.24. During the preceding 58 years since the state constitution was adopted, there was no similar body. The power of the legislature to create the council was upheld in State ex rel. Hamblen v. Yelle, 29 Wn. (2d) 68, 185 P. (2d) 723 (1947).

It is purely a creature of the legislature, and its creation was not required by the constitution. As this court stated in the above-cited case, at page 77:

“The statute (Laws of 1947, chapter 36) which created the legislative council, does no more than make available new machinery and new methods by which the members of the committee may keep themselves informed upon specific problems; and that statute does not impose upon the members of the council who are members of the legislature, any new office or trust. The additional duties which are imposed upon the legislative members of the council are no different [130]*130in purpose and kind from those which they already perform.”

Relators contend that the expenses of the council are in the same category as salaries of constitutional officers, which are payable regardless of the absence of an appropriation, but we think that the distinction between them is plain. No matter how essential the functions of the council may be to the constitutional performance of the legislature’s duties under Art. 2, § 1, it is not a body created by the constitution. Hence, the authorities relied upon by relators are not in point.

In considering this contention, we must have in mind the language contained in Art. 3, § 12 of the constitution, which provides:

“Every act which shall have passed the legislature shall be, before it becomes a law, presented to the governor.

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State Ex Rel. Day v. Martin
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Bluebook (online)
385 P.2d 846, 63 Wash. 2d 126, 1963 Wash. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-greive-v-martin-wash-1963.