allowed to retain to its own *94use all .of the excise moneys raised therein, while every, other town and city in the State is required to pay over .one-third thereof to the treasury'of the State, But yet, if in-its-inscrutable wisdom the Legislature has, so enacted,- it is; not within the province of this court, •under th.e form 'of judicial construction,, to avoid or amend, such legislation, because it is unable to .find therein either wisdom op justice. -That-the, plain, language of ' .the act-of 1898'does so enact, cannot .be. doubted,-and, except for the fact, that we cannot under? stand the reason of-.it, -there is. nothing.-to indicate-that the -Legislature did not intend it,. . . -
I am of the opinión-..that the order, appealed .from should be reversed. .... -
All concurred, except.Kellogg, J., not sitting.
' Order reversed, with- ten dollars costs and disbursements, and order granted that a peremptory mandamus issue as asked for in moving papers. .