State ex rel. Richards v. Burkhart
South Dakota Supreme Court
Original application by the iState of South Dakota on the relation of R. O. Richards, H. A. Perriton and P. J. Murphy, against C. A. Burkhart, as 'Secretary of State of South Dakota,, for writs of mandamus compelling the Secretary of State to file five separate petitions for referendum of enactments embraced in Chaps. 329, 330, 331, 332 and 333, Session Laws of 1921; there being five cases.
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Original application by the iState of South Dakota on the relation of R. O. Richards, H. A. Perriton and P. J. Murphy, against C. A. Burkhart, as 'Secretary of State of South Dakota,, for writs of mandamus compelling the Secretary of State to file five separate petitions for referendum of enactments embraced in Chaps. 329, 330, 331, 332 and 333, Session Laws of 1921; there being five cases. (1) Under point one of the opinion, Defendant submitted that: 'Const., Art. 3, Sec. X, prescribes neither the form nor manner of submitting a legislative act to vote of the people; therefore the…
1Opinion of the CourtGates, J.
The principal and decisive question before us is: When must a petition be filed which invokes the referendum upon an act of the Legislature?
The Legislature of this state at its 1921 regular session passed, and the Governor approved, five acts repealing certain portions of the so-called 'Richards Primary Election Law (chapter 234, Laws 1917; sections 7097-7200, Rev. Code 1919,) viz.: Chapter 329, repealing sections 7125 and 712Ó, relating to paramount issues and joint debates; chapter 330, repealing sections 7163-7165, relating to official party indorsement of appointive officers; chapter 331,…
2Cases cited15 opinions
- Willis v. MabonSupreme Court of Minnesota · 1892
- Arkansas Tax Commission v. MooreSupreme Court of Arkansas · 1912
- Long v. City of PortlandOregon Supreme Court · 1908
- Thompson v. Secretary of StateMichigan Supreme Court · 1916
- Washingtonian Home v. City of ChicagoIllinois Supreme Court · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kneip v. HersethSouth Dakota Supreme Court · 1974
- State Ex Rel. Helgerson v. RiiffSouth Dakota Supreme Court · 1950
- Baker v. JacksonSouth Dakota Supreme Court · 1985
- Headley v. OstrootSouth Dakota Supreme Court · 1956
- State ex rel. Flanagan v. South Dakota Rural Credits BoardSouth Dakota Supreme Court · 1922
5 more not listed; retrieve them via the Exa API.