Statement of the Case.

"On the twenty-sixth day of March, 1906, during the regular session of the 77th General Assembly of the State of Ohio, the Senate of said State of Ohio duly adopted Senate Resolution No. 30, by Mr. Espy, entitled 'Senate resolution relative to the committee appointed to investigate charges of corruption existing in the government of the city of Cincinnati and the county of Hamilton,' a true copy of which resolution is hereto attached, marked 'Exhibit B,' and made a part of this petition.

"On the first day of March, 1906, the General Assembly of the State of Ohio duly passed and enacted House Bill No. 139, entitled 'An act to make partial appropriations for the last threequarters of the fiscal year ending November 15, 1906, and the first quarter of the fiscal year ending February 15, 1907,' which was duly signed by the respective presiding officers of the Senate and of the House of Representatives, and duly approved by the governor of the state of Ohio on the fifth day of March, 1906. Said act of the General Assembly has never been repealed.

"By said act passed as aforesaid on said March 1, 1906, there was duly appropriated for the 'contingent fund of the Senate for the use of select investigating committees,' the sum of $12,500.00, which sum was duly placed to the credit of said contingent fund of the Senate of the State of Ohio, for the use of said select investigating committees, including the committee created by said Senate Resolution No. 23, of which the sum of about $3,500.00 has been expended, leaving at this time in the treasury of the state of Ohio to the credit of said fund and for the uses and purposes

Statement of the Case.

hereinafter stated, and for the uses and purposes of said committee created by said Senate Resolution No. 23, the sum of at least $9,000.00.

"By Section 3 of said act it was provided that no money therein appropriated should be drawn except on a requisition of the auditor of state.

"Under and in accordance with said Senate Resolution No. 23, the committee therein selected, duly met and organized, elected John C. Drake as chairman, who is still acting as such, and entered upon the discharge of its duties.

"The said committee, in accordance with said Resolution No. 23, selected as its place of meeting the city of Cincinnati in said state of Ohio. Under and in pursuance of said organization and operation, the said committee found it necessary to rent from the relator in said city of Cincinnati rooms in which to hold its meetings, and for that purpose to incur expense; and also for the purpose of carrying on its said work and discharging its said duties to incur with the relator a bill for electric light, a bill for repairs to lights, and a bill for a spring latch and keys.

"In connection with, and because of, its said organization and the performance of its said duties, in said city of Cincinnati, the said committee became indebted to the relator, The Robertson Realty Company, in the manner aforesaid in the sum of $265.30, a true copy of which account, duly verified, is hereto attached, marked 'Exhibit C,' and made a part of this petition.

"The amounts named in said account are fair, just and reasonable, and said expenditures were necessary to enable the said committee to organ

Statement of the Case.

ize and carry on the work and to do the things enjoined upon it by said Resolution No. 23.

"Thereupon, in accordance with law and said Senate Resolution No. 23, the relator duly presented to the auditor of state of the state of Ohio, the defendant herein, a voucher and requisition for said sum of $265.30, duly signed by the said chairman of said committee, a true copy of which voucher and requisition is hereto attached, marked 'Exhibit D,' and made a part of this petition.

"The auditor of state has refused, and still refuses, to issue, as is his duty, in accordance with law, his warrant or order on the treasurer of the state of Ohio for said amount and declares that he will not do so, and assigns as a reason therefor that, in the absence of the direction of this court, he is in doubt as to his powers and rights and duties in the premises, but admits the facts aforesaid and the existence of money in the treasury of the state of Ohio to the credit of the proper fund and sufficient in amount to pay the account aforesaid.

"This relator avers that it is wholly without any remedy or form of action whatsoever in the premises save and except one in mandamus.

"The said committee, under and in pursuance of said resolutions, for more than two months. have proceeded in the discharge of the duties laid upon them by said resolutions and are desirous of proceeding, and are in duty bound to proceed, to the final discharge of their duties and obligations under said resolutions.

"Wherefore, this relator prays that this Honorable Court may cause to issue to the defendant herein, Walter D. Guilbert, the Auditor of State of

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the State of Ohio, a peremptory writ of mandamus commanding him to issue to this relator, in accordance with law, his proper warrant on the treasurer of the state of Ohio for the said sum of $265.30 for the uses and purposes aforesaid; or that this court may cause to issue to said defendant an alternative writ of mandamus commanding him forthwith, in accordance with law, to issue to the relator his said proper warrant for said sum of $265.30, or that by a day certain he appear before this Honorable Court and show cause why he should not comply with the relator's prayer and why a peremptory writ of mandamus should not issue as aforesaid.

"This relator prays for such other and further relief as may be necessary and proper in the premises to protect and safeguard its interests."

"EXHIBIT A.

"77th General Assembly, Regular Session. S. R. No. 23. Mr. Espy.

"SENATE RESOLUTION.

"Relative to appointing a committee to investigate charges of corruption existing in the government of the City of Cincinnati and the County of Hamilton.

"WHEREAS, It has been charged in the public press and elsewhere, that certain officials of Cincinnati and Hamilton county and the commissioners of water works of said city have made certain collusive and illegal contracts and have unlawfully misapplied and misused the public funds, and

Statement of the Case.

have otherwise misused their official positions; and that certain persons, corporations and political committees, not officeholders, have unlawfully conspired with or influenced said officials, or collected certain sums of money therefrom, illegally or for an illegal purpose, or both, and have conspired to corrupt the ballot; and, further, that there have been other forms of misgovernment in said city and county.

"WHEREAS, It is expressly represented to this General Assembly by the citizens of Hamilton county, through their Senators and Representatives, that for good and sufficient reasons the people of said county can not, of their own accord and with the means provided by the present laws of the state, make and conduct an investigation of the matters and things herein referred to so as fully to accomplish the results desired, for which reason they appeal to the people of the state to assist them in making and conducting said investigation through and by the General Assembly.

"WHEREAS, It is of the first importance that the General Assembly should be fully informed as to the extent of these and other alleged abuses, that it, with the fullest possible information in its possession, may be able to make such amendments in the existing laws, and enact, if necessary, such new laws as may protect the people of Cincinnati and Hamilton county, and other cities and counties from like alleged abuses and impositions in the future.

"Be it Resolved by the Senate of the State of Ohio, That under and by virtue of Sections 50-5152-53-54 and 55 of the Revised Statutes of Ohio, a select committee composed of Messrs. Drake,