4 
[Senate 
therefor to the Secretary of State. (Laws 1844, p, 387, and see p. 
507, § 1.) 
It is not denied that a large number of volumes and maps are on 
hand, to be distributed under this section, if its requirements are 
legal and binding ; nor was it suggested on the argument that there 
could be any difficulty in determining, by mere arithmetical calcula- 
tion, the quota which should be distributed to each county under the 
terms of the enactment. The duty thus required to be performed is 
purely ministerial ; the act directs what shall be done, and in this 
respect, commits nothing to the discretion of the officers charged with 
its performance. In such cases a mandamus is the appropriate remedy. 
(12 Peters R. 524. Kendall vs. The United States.) 
As the execution of this duty is a matter which concerns the 
general public interest, any citizen of the State may be a relator. (19 
Wendell, 56. The People vs. Collins.) Every one has a direct in- 
terest in the public property, and may interfere to compel its sale, 
when directed by law. On this ground alone, the present relator had 
a right to assume that position. But this is not the only beneficial 
purpose to be effected by a distribution and sale of these books ; the 
extension and diffusion of useful knowledge, an object of the highest 
importance, will thereby be greatly promoted. Upon any ground 
therefore the proceeding is unexceptionable in point of form. 
Several objections are made to the third section of the act of 1844, 
directing a distribution and sale of these books, but they all depend 
upon a single inquiry, to wit : whether the section conflicts with that 
clause of the Constitution of the United States, which declares, no 
State shall pass any " law impairing the obligation of contracts." 
(Art. 1, § 10.) This clause is part of the supreme law of the land, 
and every statute which violates it must necessarily be void. 
It is urged that rights were acquired by individuals under the act 
of 9th April, 1842, and the contract subsequently entered into by the 
Governor and Secretary of State, and which are invaded by the third 
section of the act of 1844. It becomes necessary therefore to see 
what is contained in the act of 1842, and the contract referred to. 
This act authorized a temporary continuance of the various depart- 
ments of labor connected with the Geological Survey of the State ; 
made an appropriation to defray expenses ; directed the Secretary of 
State to procure a copy right of the survey ; authorized a sale of the 
volumes as published ; a distribution of such as should not be sold, 
and repealed a prior concurrent resolution. (Laws 1842, p. 183.) 
The sale was authorized by the fourth section of the act, which is in 
these words : " Whenever two or more volumes of the Geological 
Survey shall be published, the Governor and Secretary of State may 
cause such books to be sold, at such prices as they may deem expe- 
dient, and any moneys derived from such sales shall be applied to the 
same purposes as the appropriation made by the second section of 
this act." 
Here it will be seen, is a simple authority to sell these volumes 
when published. 1 have no difficulty in holding that the Governor 
and Secretary might avail themselves of the aid of booksellers or 
