People v. Higgins

The relators, in attempting to carry out the provisions of the legislative act, adopted at the general election in 1916, entitled: “An Act in relation to the investment of the Public School Fund,” Chapter 122, Session Laws 1917, page 446, were unable to do so because of the refusal of respondent to pay the amount of a loan ordered and approved by relators under the provisions of the statute. It is conceded that relators and the applicant for the loan have performed the duties imposed upon them by the terms of the act; and that, unless the statute is unconstitutional, the alternative writ…