State v. Hickey

FINCH, Chief Justice.

This is an original proceeding in quo warranto the object of which is to oust respondent as a member of the House of Representatives on the theory that by removing his residence from the district from which he was elected (which relators allege respondent has done) he has vacated his office under the provisions of Article III, § 13 of the Constitution of Missouri.1 That section provides as follows: “If any senator or representative remove his residence from the district or county for which he was elected, his office shall thereby be vacated.”

The language of § 13 is both…