Day's Case

This action was brought under a special act of 15 February, 1899, to assert the right claimed by plaintiffs by virtue of the act of 26 January, 1899, abolishing the office of superintendent of the penitentiary and transferring to them the custody, the property and management of the institution from the defendant, who had been appointed superintendent by the Governor.

The defendant resists the demands of plaintiffs, averring that the act of 26 January, 1899, set out in the complaint, is unconstitutional (363) and void, in that its object is to deprive him of his office of superintendent of the…