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STATE EX REL. MOON v. STATE BD. OF EXAMINERS

No. 14070.

662 P.2d 221 (1983)

104 Idaho 640

The STATE of Idaho, on relation of Marjorie Ruth MOON, State Treasurer of the State of Idaho, Plaintiff-Respondent, Cross-Appellant, v. STATE BOARD OF EXAMINERS, and the Legislature of the State of Idaho, By and Through Thomas W. Stivers, Speaker of the House, and James E. Risch, President Pro-Tem of the Senate, Defendants-Appellants, Cross-Respondents.

Supreme Court of Idaho.

Rehearing Denied May 10, 1983.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Steven M. Parry, Deputy Atty. Gen., Boise, for defendants-appellants, cross-respondents.

Wayne P. Fuller, Sp. Asst. Atty. Gen., Caldwell, for plaintiff-respondent, cross-appellant.

HUNTLEY, Justice.

The Idaho Constitution mandates that losses suffered by the Public School Endowment Fund (the "Fund") be reimbursed by legislative appropriation. Article 9, § 3 states:

"Public school fund to remain intact. — The public school fund of the state shall forever remain inviolate and intact; the interest thereon only shall be expended in the maintenance of the schools of the state, and shall be distributed among the several counties...

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