
    No. 22,580.
    Paul B. Bailey, Plaintiff, v. Fred W. Knapp, as State Auditor, etc., Defendant.
    
    Original proceeding in mandamus.
    Opinion filed November 8, 1919.
    Writ allowed.
    
      Bennett R. Wheeler, S. M. Brewster, John L. Hunt, all of Topeka, and W. E. Archer, of Hiawatha, for the plaintiff.
    
      G. A. Spencer, A. R. Buzick, jr., and Thomas N. Mulloy, all of Salina, for the defendant.
   Per Curiam:

The action is a companion case to the preceding one. (Reilly v. Knapp, ante p. 565.) Plaintiff seeks to compel the state auditor to issue a warrant for his salary as stenographer of the district court for'the twenty-second judicial district. He was appointed court stenographer in 1904 and has held the position under that appointment ever since; during all this time he has been a nephew of the judge of the district court. The auditor made no objection to the payment of his salary until July 1, 1919, but contends that section 2 of the appropriation act of that year (Laws 1919, ch. 1) disqualified plaintiff from holding the position. Under the decision in the preceding case, holding section 2 of the appropriation act of 1919 unconstitutional, the plaintiff is entitled to judgment.

The writ will issue.  