Montague v. Whitney

On Motion for Rehearing or to Transfer to Supreme Court.

JAMES D. CLEMENS, Special Judge.

Contestant urges that Section 111.-650, dealing with partially fraudulent ballots, is not affected by the clause of Section 111.010 which excludes fourth-class cities from the operation of Chapter 111. He argues that Section 111.650 “was inserted in the corresponding article of Chapter 111 in the 1909 revision without legislation,” and that therefore the exclusionary clause of Section 111.010 does not apply.

Contestant’s rationale is (1) that prior to 1909 the present Section 111.650 dealing with partially…