Hernandez v. Frohmiller

In Hernandez v. Frohmiller, 68 Ariz. 242, 204 P.2d 854 (1949), the Arizona Supreme Court held that a statute enacted by initiative was unconstitutional for various reasons, including indefiniteness and because it violated separation of powers principles. Id. at 259, 204 P.2d at 865-66. The court also stated that a section of the act directing "the legislature to appropriate not less than 1% of the payroll of the state's service . . . means nothing . . . and is a waste of printer's ink." Id. at 253-54, 204 P.2d at 862. The court added that "it is the constitutional duty of the legislature without specific direction to make all necessary appropriations to pay the expenses of state agencies. There is no legal method of compelling the legislature to act." Id.