The opinion
Howe, J.,
concurring. I concur, on the grounds that, first, there-were no funds in the treasury at the time of the demand made by relators, and therefore no right in them to the summary remedy of mandamus; and second, that, under the circumstances of this case to-allow the mandamus to issue would be practically to permit a citizen, to sue the State, without her permission, upon a disputed claim.
Rehearing refused.