State Ex Rel. Volker v. Kirby

(concurring). — I concur in the result reached by the principal opinion but think the ruling in part III thereof is erroneous where it holds the respondent has failed properly to raise certain constitutional questions. I write this separate opinion solely because of the procedural importance of that point.

Relators seek by mandamus to compel the respondent treasurer of Jackson County to pay certain warrants issued b‘y the Board of Election Commissioners of Kansas City to a number of their assistants and' employees, under Sections 3, 89 and 92 of Laws of Mo. 1937, page 294, hereinafter called…