State ex rel. Dawson v. Akers

The opinion of the court was delivered by

Porter, J.:

This is an original action in mandamus, ‘the purpose of which is to test the constitutionality of ■chapter 259 of the Session Laws of 1913.

The statute attempts to regulate the sale and taking • of sand and other natural products from navigable .rivers and streams which are the property of the state, ■and to provide for payment to the state of royalties for sand and other products taken from the rivers for •commercial purposes.

The defendants other than the state treasurer and the state auditor are persons and firms engaged in the business of…