State ex rel. Russell v. Barnes

Maxwell, J.:

The petition for a rehearing in this ease is founded on an allegation that the decision of the court was “ made without regard to the constitutionality of the provision of the act of the Legislature of 1887, allowing and appropriating $2,000.00 for the payment of relator’s, salary for 1888 ; and hence the court omitted to decide whether said provision of said act was a legislative con-. struction of the Constitution, and if it was such, whether the court should deprive the relator of his right to said salary * * * under the statute, by sustaining the Comptroller, * * * when no…