Weza v. Auditor General

Plaintiff was a member of the State legislature of 1939. In August, 1939, he accepted an appointment to fill a vacancy in the office of county school commissioner of Ontonagon county. Thereafter the defendants herein, as State officials, refused to pay plaintiff further per diem compensation as a member of the legislature, such refusal being on the ground that by accepting, the office of school commissioner he had vacated or abandoned his office as a member of the legislature. Plaintiff seeks mandamus in this court to compel payment.

So far as pertinent here, the Constitution (1908), art. 5, §…