State ex rel. Cone v. Bauman

This is a mandamus proceeding in which relator sought to compel the county treasurer of Douglas county to turn over or transfer to the county road fund the money by him received from the state treasurer, and which represented Douglas- county’s proportion of the motor vehicle fuel tax fund. In the trial court the action was disposed of on a general demurrer to relator’s petition; the writ was denied and the action dismissed. Relator appeals.

The appeal involves the constitutionality of the proviso contained in section 2, ch. 166, Laws 1929. It is conceded that if the proviso' is constitutional…