6 
[Senate 
No contract was in existence with which the act of 1844, could 
conflict. 
The assumed contract not to sell these books otherwise than is pro- 
vided in the agreement of 1842, was invalidj and had no obligation 
which could be impaired. 
How far it may be right to remunerate the agents for any disap- 
pointment they experienced in bringing that contract to an end, is a 
question for the Legislature and not for the court. 
The suggestion that the law of 1844, makes no provision to 
secure the entire series of the work to those who had purchased the 
earlier volumes, may be disposed of by a similar remark. We cer^ 
tainly cannot adjudge an act of the Legislature to be void on that 
ground, more than we can because it conflicts with a prior statute. 
Without pursuing this subject, I think the provisions in the act of 
1844, for a distribution and sale of these books, is free from all con- 
stitutional difficulty, and that it should be executed. The questioni 
was regarded by the Governor and Secretary^as fit to receive a judi- 
cial determination, and it has been examined and considered with the 
highest respect for their views on the subject. I have conferred with 
my brethren and they agree with me that no legal cause exists 
against the execution of this enactment ; a mandamus must conse- 
quently issue. 
A peremptory writ is proper unless the Governor and Secretary 
desire to carry the case to the Court of Errors. In that event aiB 
alternative mandamus will issue. 
Ordered accordingly. 
(A copy.) N, HILL^ Jv. State Reporter ^ 
