tains that a public corporation cannot be liable for a tort committed by one of its convicts on the person of another.352 The exemption from liability is based upon the principle that the state or its subordinate agencies is exercising a governmental function. Prisoners may be employed by the state in manual labor or their services leased to contractors.353 Miscellaneous charitable institutions. The state also has the undoubted right to construct and maintain or aid institutions for the care of the physically defective or for the unfortunate.354 It has also been held that an act which confers upon counties the 18 S. W. 254. "The preservation of order, the maintenance of sobriety, the arrest and detention of violators of the general law of the state is not for the local and pri vate benefit of the corporation. It draws no private emolument from the enforcement of ordinances carrying out the general policy of the state, and in the exercise of the power incident to all these matters it is but an agency of the state, and its officers, in effect, officers of the state. Its discretion as to the character of its jail cannot be controlled by judgments holding it liable for negligence, if in the -opinion of a jury it is not sufficiently commodious or properly arranged." Fry v. Albermarle County, 86 Va. 195, 9 S. E. 1004. 352 Doster v. City of Atlanta, 72 Ga. 233. 333 Ex parte Barnett, 51 Ark. 215; In re Burrow, 55 Ark. 275, 18 S. W. 170; Georgia Penitentiary Co. v. Nelms, 71 Ga. 301; State v. Jack, 90 'Tenn. 614, 18 S. W. 257. See, also, Tramwell v. Lee County, 94 Ala. 194. 354 Power v. May, 123 Cal. 147, 55 Pac. 796; Parks v. Soldiers' & Sailors' Home Com'rs, 22 Colo. 86, 43 Pac. 542; State v. Cassidy, 22 Minn. 312. Laws authorizing the erection and maintenance of an inebriate asylum held constitutional, reveiwing many cases. People v. Comptroller of City of Brooklyn, 152 N. Y. 399, 46 N. E. 852; People v. Fitch, 154 N. Y. 14, 47 N. E. 983, 38 L. R. A. 591. Partial public support of a private institution for the blind, charitable in its nature, is legal. Bell v. Johnston County Com'rs, 127 N. C. 85, 37 S. E. 136. No action will lie against county commissions for failure to establish a county hospital as authorized by law. City of Zanesville v. Crossland, 8 Ohio Circ. R. 652; City of Richmond v. Henrico County Sup'rs, 83 Va. 201, 2 S. E. 26. But see Fox v. Mohawk & H. R. Humane Soc., 165 N. Y. 517, 59 N. E. 353, holding the appropriation of fees received from the license of dogs to a humane society an unauthorized appropriation of public moneys. See, also, Clarke v. Police & Health Ins. Board, 123 Cal. 24, 55 Pac. 576, holding constitutional act of March 4th, 1889, creating a police relief, health and life insurance pension fund. People v. Manhattan State Hospital, 33 Misc. 414, 68 N. Y. Supp. 647. power to use county funds in the treatment and care of indigent inebriates is not a misappropriation of public moneys.355 The right of individuals to the privileges afforded by these institutions is not absolute but dependent upon statutory provisions or regulations adopted pursuant to law.356 Inmates are amenable to all reasonable rules of discipline.357 355 Williamson v. Arapahoe County Com'rs, 23 Colo. 87, 46 Pac. 117, 33 L. R. A. 832. See, also, as holding the same principle, State v. City of New Orleans, 50 La. Ann. 80, 24 So. 666, in connection with the use of municipal moneys for charitable purposes, and State v. Seibert, 123 Mo. 424, 24 S. W. 750, 27 S. W. 624. 350 Curtis v. Allen, 43 Neb. 184, 61 N. W. 568. 357 Tuck v. Directors of Industrial Home of Mechanical Trades for Adult Blind, 106 Cal. 216, 39 Pac. 607. 1110. 1111. 1113. To whom it may issue; administrative public officers. Members or officers of legislative bodies. Acts which may be corrected. 1114. Writ directed to public boards and legislative bodies. 1116. Writ directed to a public corporation as such. 1117. Who may apply for writ. 1118. The writ in connection with the audit, allowance and payment of claims. 1119. Elections. 1120. Admission and restoration to office. 1121. Levy and collection of taxes to pay judgment; when writ 1128. Injunction; definition; general principles. 1129. When granted; nature or character of injury. § 1142. 1143. 1144. 1145. Jurisdiction of the courts. Principles governing use of remedy. Laches and estoppel. When and for what purposes writ will issue. 1146. At whose instance proceedings initiated. 1154. 1153. Attachment and garnishment. Conditions precedent to right of action; notice of intention § 1107. General principles governing issue of writ. Obviously a minute discussion of mandamus as a remedy is not pertinent to the scope of this work; on the other hand a general discussion of the remedy with reference to its use for the enforcement of the rights and obligations herein before discussed is not inappropriate. It will issue only when the duty sought to be enforced is clearly imposed by law on the officer or governmental agency sought to be coerced.1 Thus it will not issue to coerce the 1 Kimberlin v. Commission to Five Civilized Tribes, 104 Fed. 653; Weaver v. Ogden City, 111 Fed. 323; Pond v. Parrott, 42 Conn. 13; Audi tors of Cottonwood v. People, 38 3 performance of a duty imposed by an unconstitutional statute,2 nor where there is no law requiring the officer to act, or the act does not come within his official duty. Ordinarily it does not issue against mere employes of a municipal corporation, nor to enforce purely contractual obligations." It will not issue to compel the doing of an unlawful' or fraudulent act, or to compel St. Charles, 29 La. Ann. 146; People v. Presque Isle County Sup'rs, 36 Mich. 377; People v. Auditor General, 36 Mich. 271; State v. Garesche, 3 Mo. App. 526; Beaman v. Police of Leake County, 42 Miss. 237; Gouldey v. City Council of Atlantic City, 63 N. J. Law, 537, 42 Atl. 852; People v. Easton, 13 Abb. Pr. (N. S., N. Y.) 159; Ex parte Barnwell, 8 S. C. (8 Rich.) 264; Puckett v. White, 22 Tex. 559; Harris v. Tarbet, 19 Utah, 328, 57 Pac. 33; Tyler v. Taylor, 29 Grat. (Va.) 765; State v. Anderson, 100 Wis. 523, 76 N. W. 482, 42 L. R. A. 239. Writ refused because right not clear. People v. Coler, 58 App. Div. 131, 68 N. Y. Supp. 448; Teat v. McGaughey, 85 Tex. 478, 22 S. W. 302; People v. Board of State Canvassers, 129 N. Y. 360, 14 L. R. A. 646. State V. Hoglan, 64 Ohio St. 532, 60 N. E. 627. Honest misconstruction of statute by officer does not preclude issuance of writ. United States V. Indian Grave Drainage Dist., 85 Fed. 928, 29 C. C. A. 587. Equitable as distinguished from legal rights will not be enforced by mandamus. 2 State v. Tappan, 29 Wis. 664; Board of Liquidation v. McComb, 92 U. S. 531. Compare State v. Heard, 47 La. Ann. 1679, 18 So. 746, 47 L. R. A. 512. 3 United States v. City of New Orleans, 2 Woods, 230, Fed. Cas. No. 15,871; State v. Lockett, 52 La. Ann. 1620, 28 So. 157; State v. Jenkins, 21 Wash. 364, 58 Pac. 217; Hilton v. Curry, 124 Cal. 84; State v. Knox County Com'rs, 101 Ind. 398; Marshall v. Clark, 22 Tex. 23. 4 Holtzclaw v. Riley, 113 Ga. 1023, 39 S. E. 425; State v. Napier, 7 Iowa, 425; Crane v. Secretary of State, 51 Mich. 195; State v. Jenkins, 21 Wash. 364, 58 Pac. 217. 5 Heath v. Johnson, 36 W. Va. 782; Alger v. Seaver, 138 Mass. 331; State v. Trent, 58 Mo. 571; Pond v. Parrott, 42 Conn. 13; State v. Powers, 14 Ga. 388. of South 6 Board of Education Milwaukee v. State, 100 Wis. 455, 76 N. W. 351; Indiana, I. & I. R. Co. v. Rinehart, 14 Ind. App. 588, 43 N. E. 238. See, also, Payne v. School Dist. Nos. 3-25-10, 87 Mo. App. 415; People v. Central Car & Mfg. Co., 41 Mich. 166; Bailey v. Oviatt, 46 Vt. 627. Stenographer employed by legislative committee cannot be compelled to furnish transcript of evidence taken. 7 Edward C. Jones Co. v. Town of Guttenberg, 66 N. J. Law, 58, 48 Atl. 537; Cook v. Candee, 52 Ala. 109; Rosenthal v. State Board of Canvassers, 50 Kan. 129, 32 Pac. 129, 19 L. R. A. 157; Johnson v. Lucas, 30 Tenn. (11 Humph.) 306; Gillespie v. Wood, 23 Tenn. (4 Humph.) 437; Ross v. Lane, 11 Miss. (3 Smedes & M.) 695. See, also, First Nat. Bank v. Hefflebower, 58 Kan. 792, 51 Pac. 225. 8 Board of Sup'rs of Cheboygan |