| Show I I J use Iho Uncertainty of uS 1111 Its Camiso anti Attorney William A Lee also 1119 l Indirectly yet jet ye pointedly to ih the gu U court In III his hla address under r the mIte caption ammO ami In a n somewhat lengthy opinion con citations none nOlle of ot which supported the Ule doctrine the tha COUrt sue BUC In convincing itself ot or th thin the cor con e of ot the rule Attention was WIlS directed to th lit tact fact that hint the statute under tinder which ih the thas action was itts brought provide that a 14 writ of mandate might Issue to 10 compel tho no performance of or an nn act nel the tho law aw specially enjoins and ind nd Mr 11 Lee added Now NolY It If the time writ lent can only Is sue Rue to compel the of ot an tn act net which time the law specially enjoins It Il is 18 s nt that the writ uvrl will not lesue to compel corn pel the performance e of or a au i net act which the tue law has hae not enjoined If Ifa Ifa a n statute Ii Is unconstitutional It Is not it f v law and un 1 hence honce could not nol bo be 1 a n law hat enjoined any kind of at duty on any of ot an nn o Dealing directly with the tho salary ease os Mr Ur Lee Loe said that limit counsel for lor the ro rat later s cited the case CallI which was conclusive of ot tho the questions at nt Issue isu It If that sloe doc clue were wert to prevail and anal would of f t I prevent pre nt tho the from frons ill iI 41 A i at I t tin A t t 4 I v v v act hut but nt the same aanie lie he i said while to question the tue soundness of ot the tho th derision decision at great length to tl consider r he time trial involved in 11 he time salary B lar vase lIe Mr ft Le se than th n an Id that t he time learned Judge Judie who the he opinion In tile the HI salary cof eai first an nn that neither the nor nur northe the time constitutionality of ot UK tue not lid In lii the aary wai vai 11 In lii anti and then lien devoted the of or If time tilt to th the th ni n question Involved ind mt reached the conclusion this tha time the of at tho the salaries of ot hy lIy the tho th con was wan not nol a II Using or of salaries rI rIby by jy law 11 And that the term terni liw tw an on steed d In n the did lot not In luh UK thir trumont In itself It wu wite thus thu cern sern that there are arc now two tt leading ci c cusps f fon on the question One holda Isolde an usa or of leer er will not net be heard to plead n unification of ot the of t tAll nil All net that It would vlot the hI con cain constitution anti and the other him aim to todo todo do so but holds the time law aJ |
