William R. Day

“ In the present case the supreme court of the state has enjoined the plaintiff in error, as officers of the state, from taking steps to submit the proposed Constitution to the electors of the state, because in its judgment the act of the legislature of the state, requiring such submission, was in violation of the state Constitution. Whether this duty shall or shall not be performed concerns the plaintiffs in error in their official capacity only. The requirement that they refrain from taking such steps concerns their official, and not their personal, rights. ”

“ He had certain duties as a public officer to perform. The performance of those duties was of no personal benefit to him. Their nonperformance was equally so. He neither gained nor lost anything by invoking the advice of the supreme court as to the proper action he should take. ”