Legal Opinion

State ex rel. Meighen v. Weatherill

Supreme Court of Minnesota

Decided May 1, 1914No. Nos. 18,797 — (270)PublishedCited by 24 opinions

Upon the xelation of Thomas J.- Meighen, the district court for Fillmore county issued its alternative writ of mandamus, directing •George E. Weatherill, as county auditor of that county, to receive and file the affidavit of candidacy of relator for the office of state senator for the Fifth senatorial district, consisting of the county of Fillmore, at the primary election to be held on June 16, 1914, as a nonpartisan candidate for the nomination.

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Upon the xelation of Thomas J.- Meighen, the district court for Fillmore county issued its alternative writ of mandamus, directing •George E. Weatherill, as county auditor of that county, to receive and file the affidavit of candidacy of relator for the office of state senator for the Fifth senatorial district, consisting of the county of Fillmore, at the primary election to be held on June 16, 1914, as a nonpartisan candidate for the nomination. The respondent Weather-ill demurred to the petition of relator and alleged as the grounds of ■demurrer that the facts stated in the petition did not…

1Opinion of the CourtBrown, C. J.

The question presented in this proceeding is the validity of the reapportionment act of 1913. Chapter 91, p. 81, Laws 1913. By the prior apportionment of legislative districts Fillmore county constituted the Fifth district and was entitled to elect one senator and two representatives. Under the act of 1913 Fillmore and Houston counties were placed in one district with the right to elect one senator and three representatives; one for each county, and one for the district composed of the two counties. Upon the theory that the act of 1913 was invalid, because in violation of the Constitution,…

2Cases cited7 opinions

  1. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  2. People Ex Rel. Carter v. . RiceNew York Court of Appeals · 1892
  3. People ex rel. Woodyatt v. ThompsonIllinois Supreme Court · 1895
  4. Denney v. State ex rel. BaslerIndiana Supreme Court · 1896
  5. Prouty v. StoverSupreme Court of Kansas · 1873

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3Cited by24 opinions

  1. Jones v. FreemanSupreme Court of Oklahoma · 1943
  2. Attorney General v. Suffolk County Apportionment CommissionersMassachusetts Supreme Judicial Court · 1916
  3. Magraw v. DonovanDistrict Court, D. Minnesota · 1958
  4. Cahill v. LeopoldSupreme Court of Connecticut · 1954
  5. Opinion of the JudgesSouth Dakota Supreme Court · 1933

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