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eBook details

• Title: Industrial Commission V. Frohmiller
• Author : Arizona Supreme Court
• Release Date : January 15, 1943
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

McALISTER, C.J. The Sixteenth Legislature on March 6, 1943, enacted chapter 26, known as the "Arizona Occupational Disease Disability Law," and placed upon the plaintiff the duty of putting it into effect and enforcing it. In doing this the commission rented and received a typewriter from Walsh Bros., of Phoenix, Arizona, for an agreed consideration of $4 per month beginning May 3, 1943. In order to pay the rental therefor, plaintiff filed with defendant for audit and payment, on May 19, 1943, the original claim of Walsh Bros., duly verified and approved by it against the appropriation of $7,500, made to the Industrial Commission in section 62 of chapter 26, and on the 8th day of June, 1943, the auditor, acting upon the theory that all uncertain claims should be first passed upon by the court, rejected it upon the ground that the effective date of the act was uncertain and for the further reason that the attorney general advised that some provisions of the act may be in conflict with the Constitution. Section 64 Makes the effective date July 1, 1943, and the act itself carries the emergency clause and was passed and signed by the governor on March 6, 1943. On June 9, 1943, this court, upon petition of the Industrial Commission, issued an alternative writ of mandamus commanding the auditor to draw her warrant in payment of the claim, or to show cause why she had not done so.

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