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STATE EX REL. BAGLEY v. BLANKENSHIP

No. 14181.

246 S.E.2d 99 (1978)

STATE ex rel. Charles F. BAGLEY, Jr., a duly licensed attorney at law and citizen and taxpayer of the State of West Virginia, and Ernest C. Swiger, a duly licensed attorney at law and citizen and taxpayer of the State of West Virginia, Relators, v. C. A. BLANKENSHIP, Clerk of the House of Delegates of West Virginia, Respondent.

Supreme Court of Appeals of West Virginia.

June 19, 1978.

Attorney(s) appearing for the Case

James K. Brown, Charleston, for relators.

Jack M. McCarty, Victor A. Barone, Finance Com., House of Delegates, Charleston, for respondent.

Before McGRAW, C. J., and DUFFIELD, GARVIN, KESSEL and WAGNER, JJ. (Special Panel).

PER CURIAM:

The ship of state seems to have entered upon a sea of troubled waters. The West Virginia Legislature, whose members are sworn to support the Constitution, is accused of violating the Constitution by decreasing five items in the Judiciary's budget for fiscal year 1978-1979. The appropriation of funds for government operations and the enactment of the budget bill are clearly functions and responsibilities of the...

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