Order affirmed, without costs.
SMITH, J.:
We see no ground for this appeal. The relator has acted and is acting as superintendent of the penitentiary under a salary prescribed by statute to which he is clearly entitled. He has not been removed by the commission, and if the right of the commission to remove him be assumed for the argument until he is removed he is entitled to full pay for services rendered. The order should, therefore, be affirmed, without costs. All concurred.