State Ex Rel. Toomey v. State Board of Examiners

This is a taxpayer’s suit to enjoin tbe state board of examiners and the members thereof from carrying into execution tbe provisions of Chapter 176, Laws of 1925. Tbe petition alleges that tbe Act is unconstitutional, but that, nevertheless, unless restrained, tbe board will proceed thereunder. On tbe filing of the petition an order to show cause was duly issued, and in response thereto tbe board demurred to tbe petition upon tbe ground that tbe same does not state facts sufficient to constitute a cause of action or to entitle tbe relator to tbe relief sought.

Tbe purpose of tbe Act in…