CROCKETT, Justice.
The Attorney General appeals from an order of the District Court of Salt Lake County directing payment of certain sums [361]*361appropriated by the 1961 Legislature to satisfy claims of the plaintiffs.
The claims are of various kinds, but have these things in common: Each is asserted to be a claim against the State, which it is contended would provide a basis for a cause of action, except for the doctrine of sovereign immunity;1 each was presented to the Board of Examiners as permitted by law;2 that Board reviewed each and transmitted it to the Legislature with the recommendation that it be denied; and the Legislature did not follow the recommendation, but approved the claim and appropriated the funds to the Attorney General with which to pay it.3
Upon subsequent presentation of the claims to the Attorney General he withheld payment, stating that, “There is much uncertainty as to the law covering this subject matter. It is my opinion that no claim should be paid * * * until the law pertaining thereto is clarified by court determination.”
The reason assigned for doubt as to the propriety of the appropriations for these claims was set forth in his answer that he was without “ * * * authority to pay the claims of the plaintiff in view of the fact that Article VII, Section 13, of the Utah Constitution vests final authority in the Board of Examiners to pass upon all claims against the State of Utah, and the Board of Examiners has denied plaintiffs’ claims.”
The questioning of the Legislature’s prerogative in approving and appropriating money for claims which have been denied by the Board of Examiners makes it advisable to discuss briefly the source and extent of the authority of the latter Board. It is created by Section 13, Article VII, just referred to, to consist of the governor, secretary of state and attorney general, “ * * * with power to examine all claims against the State * * * and no claim * * * shall be passed upon by the Legislature without having been considered and acted upon by the said Board of Examiners.” 4
We are in accord with the defendant’s assertion that the constitutional grant of authority “to examine all claims against' the State” gives the Board something more than an auditing duty to perform; and that within its proper prerogative it has extensive power and discretion in examining into and determining the merits of claims asserted against the State. We so observed in the recent case of Bateman v. Board of Examiners,5 after quite thoroughly consider[362]*362ing the problem and our cases which have dealt with it. But we also stated:
“ * * * Certain it is that one of the functions of Examiners is to investigate and act. as a fact finder and advisor to the legislature on claims of that nature, such as tort claims, or other claims for damages or compensation claimed for property, goods or services, by persons who would not otherwise have legal redress . available.” (Emphasis added.)
-The provision of Sec. 13 of Art. VII, quoted above, that, “ * • * * no claim * * * shall be passed upon by the Legislature without having been considered and acted upon by the said Board of Examiners” plainly indicates that the action of the Board was not intended to be so final and absolute as to preclude other action by .the Législature. We can perceive no other meaning than that after the Board has performed its duty of examining and acting .upon such claims, the Legislature may then “pass upon,” i. e., exercise its judgment, on them and take such action as it deems appropriate. Entirely in harmony with this conclusion are: our statutory provision that “any person who is aggrieved by disapproval of such a claim by the Board [Examiners] may appeal therefrom to the legislature”;6 the prior decisions of this court that have touched upon the matter;7 and the practice which- has been followed since statehood.8 To decide otherwise would produce the illogical result of turning the subsequent presentation of claims to the Legislature into an empty gesture whose only purpose would be to rubber-stamp the action of the Board.
It is also pertinent to observe that if one of the executive officers constituting the Board could circumvent legislative action by refusing to pay out funds appropriated to pay such a claim, problems would 'arise in determining how far actions of that character could extend; and may well result in perplexities relating to the balance of power between the executive, legislative and judicial branches of our state government. These departments, though to a degree interrelated and cooperating in the ■ overall functions of government, have separate powers which should be safeguarded [363]*363in order to preserve this balance which has always been recognized to be one of the advantages of our system. In case of doubt or uncertainty on a problem such as here exists, we think it wise and desirable to adopt an interpretation of the law and to follow a policy which will fit harmoniously into and sustain that balance rather than to choose an alternative which would provide a foundation for disrupting it.
There is another principle which bears upon the question here under' consideration. Our Legislature is directly representative of the people of the sovereign state, and thus has inherently all of the powers of government except as otherwise specified by the State Constitution. By way of comparison, it is significantly different in that respect from the federal government, which is a government of limited powers that can properly do only those things within the scope of the powers expressly granted to it by the states through the Federal Constitution;9 whereas, the State Legislature, having the residuum of governmental power, does not look to the State Constitution for the grant of its powers, but that Constitution only sets forth the limitations on its authority. Therefore, it can do any act or perform any function of government not specifically prohibited by the State Constitution. In order to justify a conclusion that the power to approve and pay such claims has been taken away front the Legislature and placed exclusively within the control of the Board of Examiners, it would have to clearly so appear, which is not the case here.
The Attorney General has also suggested that the appropriation to pay these claims may be outside the bounds of constitutional propriety as gifts of public funds to private individuals. It is an elementary principle of justice that there should be “equal rights to all and special privileges to none.”10 And that thus there should be no discrimination against nor favoritism toward some persons over others. It is quite unthinkable that the Legislature could properly make gifts of public funds merely to confer favors on certain individuals, or to appease self-seeking persons, who make pretended but groundless claims against the State.11 In order to justify approval and payment there must be at least some semblance of a valid claim; or some relationship to the public interest or welfare, on the basis of which some responsibility on behalf of the State-could properly rest.
[364]*364Although the privilege is not ours to pass upon the wisdom of legislative action, we think it not
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CROCKETT, Justice.
The Attorney General appeals from an order of the District Court of Salt Lake County directing payment of certain sums [361]*361appropriated by the 1961 Legislature to satisfy claims of the plaintiffs.
The claims are of various kinds, but have these things in common: Each is asserted to be a claim against the State, which it is contended would provide a basis for a cause of action, except for the doctrine of sovereign immunity;1 each was presented to the Board of Examiners as permitted by law;2 that Board reviewed each and transmitted it to the Legislature with the recommendation that it be denied; and the Legislature did not follow the recommendation, but approved the claim and appropriated the funds to the Attorney General with which to pay it.3
Upon subsequent presentation of the claims to the Attorney General he withheld payment, stating that, “There is much uncertainty as to the law covering this subject matter. It is my opinion that no claim should be paid * * * until the law pertaining thereto is clarified by court determination.”
The reason assigned for doubt as to the propriety of the appropriations for these claims was set forth in his answer that he was without “ * * * authority to pay the claims of the plaintiff in view of the fact that Article VII, Section 13, of the Utah Constitution vests final authority in the Board of Examiners to pass upon all claims against the State of Utah, and the Board of Examiners has denied plaintiffs’ claims.”
The questioning of the Legislature’s prerogative in approving and appropriating money for claims which have been denied by the Board of Examiners makes it advisable to discuss briefly the source and extent of the authority of the latter Board. It is created by Section 13, Article VII, just referred to, to consist of the governor, secretary of state and attorney general, “ * * * with power to examine all claims against the State * * * and no claim * * * shall be passed upon by the Legislature without having been considered and acted upon by the said Board of Examiners.” 4
We are in accord with the defendant’s assertion that the constitutional grant of authority “to examine all claims against' the State” gives the Board something more than an auditing duty to perform; and that within its proper prerogative it has extensive power and discretion in examining into and determining the merits of claims asserted against the State. We so observed in the recent case of Bateman v. Board of Examiners,5 after quite thoroughly consider[362]*362ing the problem and our cases which have dealt with it. But we also stated:
“ * * * Certain it is that one of the functions of Examiners is to investigate and act. as a fact finder and advisor to the legislature on claims of that nature, such as tort claims, or other claims for damages or compensation claimed for property, goods or services, by persons who would not otherwise have legal redress . available.” (Emphasis added.)
-The provision of Sec. 13 of Art. VII, quoted above, that, “ * • * * no claim * * * shall be passed upon by the Legislature without having been considered and acted upon by the said Board of Examiners” plainly indicates that the action of the Board was not intended to be so final and absolute as to preclude other action by .the Législature. We can perceive no other meaning than that after the Board has performed its duty of examining and acting .upon such claims, the Legislature may then “pass upon,” i. e., exercise its judgment, on them and take such action as it deems appropriate. Entirely in harmony with this conclusion are: our statutory provision that “any person who is aggrieved by disapproval of such a claim by the Board [Examiners] may appeal therefrom to the legislature”;6 the prior decisions of this court that have touched upon the matter;7 and the practice which- has been followed since statehood.8 To decide otherwise would produce the illogical result of turning the subsequent presentation of claims to the Legislature into an empty gesture whose only purpose would be to rubber-stamp the action of the Board.
It is also pertinent to observe that if one of the executive officers constituting the Board could circumvent legislative action by refusing to pay out funds appropriated to pay such a claim, problems would 'arise in determining how far actions of that character could extend; and may well result in perplexities relating to the balance of power between the executive, legislative and judicial branches of our state government. These departments, though to a degree interrelated and cooperating in the ■ overall functions of government, have separate powers which should be safeguarded [363]*363in order to preserve this balance which has always been recognized to be one of the advantages of our system. In case of doubt or uncertainty on a problem such as here exists, we think it wise and desirable to adopt an interpretation of the law and to follow a policy which will fit harmoniously into and sustain that balance rather than to choose an alternative which would provide a foundation for disrupting it.
There is another principle which bears upon the question here under' consideration. Our Legislature is directly representative of the people of the sovereign state, and thus has inherently all of the powers of government except as otherwise specified by the State Constitution. By way of comparison, it is significantly different in that respect from the federal government, which is a government of limited powers that can properly do only those things within the scope of the powers expressly granted to it by the states through the Federal Constitution;9 whereas, the State Legislature, having the residuum of governmental power, does not look to the State Constitution for the grant of its powers, but that Constitution only sets forth the limitations on its authority. Therefore, it can do any act or perform any function of government not specifically prohibited by the State Constitution. In order to justify a conclusion that the power to approve and pay such claims has been taken away front the Legislature and placed exclusively within the control of the Board of Examiners, it would have to clearly so appear, which is not the case here.
The Attorney General has also suggested that the appropriation to pay these claims may be outside the bounds of constitutional propriety as gifts of public funds to private individuals. It is an elementary principle of justice that there should be “equal rights to all and special privileges to none.”10 And that thus there should be no discrimination against nor favoritism toward some persons over others. It is quite unthinkable that the Legislature could properly make gifts of public funds merely to confer favors on certain individuals, or to appease self-seeking persons, who make pretended but groundless claims against the State.11 In order to justify approval and payment there must be at least some semblance of a valid claim; or some relationship to the public interest or welfare, on the basis of which some responsibility on behalf of the State-could properly rest.
[364]*364Although the privilege is not ours to pass upon the wisdom of legislative action, we think it not amiss to point out that due to the extent of its powers as to such claims, the Legislature should regard its responsibility as correspondingly grave; and should bear in mind these facts: That the duty of examining into claims against the State was undoubtedly given to the Board of Examiners because the officers comprising it can be assumed to be acquainted with the fiscal affairs of the State and to have a high sense of responsibility therefor; that the Board has better facilities at its command for investigation and inquiry into such matters than has the Legislature, including the fact that the Attorney General as the State’s legal advisor was made a member of the Board purposely so that he and his staff could be of help in determining whether an asserted “claim” against the State has any valid foundation, or whether it is simply a request for a gift or some other meritless attempt to obtain public funds, masquerading under the guise of such a “claim.”
For these reasons it is unquestionable that this function of the Board of Examiners was intended to be regarded- as an important one; and that it is the legislative duty to give serious consideration to its recommendations to the end that such claims be acted upon with prudence and wisdom to best serve the interests of the whole State and to avoid making grants in cases where the State should assume no responsibility.
In the instant case there was no trial of the issues as to the merits or frailties of these claims, and there is no record before us of any proceeding on them. The complaint stated, and the answer admitted, facts which, if true, would show that they are claims against the State which were filed and proceedings taken in accordance with law. We are obliged to apply the principle that legislative actions are endowed with a presumption of validity; and that they will not be stricken down unless it clearly appears that the Legislature acted beyond its authority.12 Upon our survey of the record before us in that light, we have concluded that there is no showing that approving and providing compensation for these claims transgressed the legislative prerogative.
Affirmed. No costs awarded.
WADE, C. J., and McDONOUGH and CALLISTER, JJ., concur.