State ex rel. Boynton v. Atherton

*198The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment of the district court denying an injunction asked by the state to restrain the members of the forestry, fish and game commission from the exercise of powers conferred on it by chapter 107 of the Special Session Laws of 1933, the basis of the state’s action being that this statute was unconstitutional and invalid in several specified particulars.

The state auditor and state treasurer were impleaded as defendants because of the official duties required of them under the terms of the statute. It reads:

“Chapter…