Rankin

This is an application for a writ of mandate to require Hon. E. P. Colgan, state controller, to draw his warrant on the treasurer in favor of the petitioner for the sum of $250.

The application is based upon an act of the legislature, approved March 31, 1891, the material portion of which reads as follows: “ The sum of $250 is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, to pay James W. Rankin for services in the state treasurer’s office during the period elapsing from November 13, 1884, to December 15, 1884, both dates inclusive, under appointment by Governor George Stoneman, on .account of the delinquencies of Arthur January, deputy state treasurer.”

Respondent filed an answer denying that the petitioner ever performed any services for the state except such as has been fully paid for, and claiming that the act referred to is unconstitutional and void, in that it violates the provisions of subdivision 29 of section 25, and sections 31 and 32, of article IV. of the constitution, because it attempts to award extra compensation to an officer after the service has been rendered, or is a gift of public money.

The act is not void on its…