DOCUMENT. 
Opinion of the Court. 
The People ex. rel. 
Al ANSON Bennett. | 
vs. > 
The Governor and j 
Secretary of State. J 
Beardsley J. — By an act passed in ISSe, the Governor was di- 
rected to employ competent persons to make a " complete geological 
survey of the State," with a view to " a full and scientific description 
of its rocks, soils and minerals, and of its botanical and zeological 
productions," (Laws of 1836, p. 195.) The work was shortly there- 
after commenced, and has reaulted in the production of several vol- 
umes on the Natural History of the State, some of which have already 
been published, and others, as is understood, are in a course of publi- 
cation . 
With the wisdom or the policy of this enterprise, so far as respects 
the subject now to be considered, the court has no concern. The 
volumes were prepared at the public expense, and are State property ; 
if no constitutional barrier exists, it is plain that the Legislature may 
direct their sale at such time and upon such terms as may be deemed 
proper. 
By the first and second sections of an act of May 3, 1844, copies 
of this work are to be presented and sold, as is therein particularly 
specified and directed. These sections need not be considered, for 
the present question arises upon the third section, which declares that 
the Governor and Secretary of State are authorized to make a dis- 
tribution of the remaining copies and map of the Natural History, 
not otherwise appropriated or disposed of, among the several counties 
of this State, according to the ratio of population by the last census, 
and transmit to the county treasurer of said counties respectively, 
the number of copies to which each county shall be entitled by such 
distribution ;" and said treasurers are to sell the same and account 
