State ex rel. Ludden v. Barton

While I agree with what is said in the opinion with respect to the value of the services rendered by the relator, I must dissent from the conclusion that a plain disregard by an officer of the state of the provisions of a statute, if continued for a long period of time, may mala1 that lawful which by express terms is prohibited, and thus defeat the legislative purpose. Neither can I agree that where the members of a board are expressly prohibited from receiving compensation as such members, and the secretary is required by the statute to be a member of tlx1 board, the statute may be evaded by…