McConaughy v. Secretary of State
Supreme Court of Minnesota
By chapter 168, Laws 1905, the legislature proposed an amendment to article 9 of the constitution to take the place of sections 1, 2, 3, 4 and the amendment added in 1896, the proposed amendment being commonly called the tax amendment. By chapter 212, Laws 1905, the legislature proposed an amendment to section 16 of article 9 of the constitution, commonly called the good roads amendment.
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By chapter 168, Laws 1905, the legislature proposed an amendment to article 9 of the constitution to take the place of sections 1, 2, 3, 4 and the amendment added in 1896, the proposed amendment being commonly called the tax amendment. By chapter 212, Laws 1905, the legislature proposed an amendment to section 16 of article 9 of the constitution, commonly called the good roads amendment. These amendments were submitted to popular vote at the general election in November, 1906. The state canvassing board found from the returns that 156,051 votes had' been cast for the tax amendment and…
1DissentBrown, J.
I concur in the conclusion that the court has jurisdiction to entertain the contest and that the statute providing therefor is not void for uncertainty, but dissent from that part of the decision holding, in effect, that contestants failed to make out their case, because there was not a complete recount of all the ballots cast at the election. That conclusion is, in my view, in conflict with elementary principles of procedure in such cases and unsound. The contestants charged in their notices of contest irregularities, errors, and mistakes in the returns of the election, and that the true…
2Cases cited3 opinions
- People Ex Rel. Judson v. . ThacherNew York Court of Appeals · 1874
- Lloyd v. SullivanMontana Supreme Court · 1890
- Merritt v. HintonSupreme Court of Arkansas · 1891