State Ex Rel. Hamblen v. Yelle

This is an original application for a writ of mandamus to compel the state auditor to issue a warrant to pay the expenses of the relator incurred under a statute (Laws of 1947, chapter 36, p. 60) of the 1947 legislature creating what is denominated in that statute as a “State Legislative Council.” Respondent demurs to and moves denial of the application upon the ground that, as relator is a member of the legislature which enacted the statute cited, he is disqualified from serving upon the legislative council, as such membership constitutes a civil office which the state constitution, Art. II,…