
    PEOPLE ex rel. WILLIAMS ENGINEERING & CONTRACTING CO., Respondent, v. METZ, Comptroller, Appellant.
    (Supreme Court, Appellate Division, First Department.
    May 1, 1908.)
    Preceedings by the people of the state of New York, on the relation of the Williams Engineering & Contracting Company, against Herman A. Metz, as comptroller.
    T. Connoly, for appellant.
    L. L. Kellogg, for respondent.
   PER CURIAM.

Order affirmed, with $10 costs and disbursements.

LAUGHLIN and CLARKE, JJ., dissent, on the ground that the statute is constitutional, and it absolutely prohibits the payment of the money on the facts disclosed by the record. Order filed.  