Legal Opinion

State ex rel. Schmoll v. Drabelle

Supreme Court of Missouri

Decided October 24, 1914PublishedCited by 9 opinions

Mandamus. (1) It is necessary that a bill receive a majority of all the members of each house before the same can become a law. Sec. 31, art: 4, Constitution. (2) If the journal of the House of Representatives shows that this bill did not receive a constitutional majority, the same is invalid and never became effective as a law of this State.

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Mandamus. (1) It is necessary that a bill receive a majority of all the members of each house before the same can become a law. Sec. 31, art: 4, Constitution. (2) If the journal of the House of Representatives shows that this bill did not receive a constitutional majority, the same is invalid and never became effective as a law of this State. Sec. 31, art. 4, Constitution; State ex rel. v. Mead, 71 Mo. 266; State v. Ray, 109 Mo. 597; State ex rel. v. Field, 119 Mo. 593; Weyand v. Stover, 35 Kan. 545; People ex rel. v. McElroy, 72 Mich. 447; Speer v¡ Mayor, 85 Ga. 52; Jennings v. Russell, 92…

1Opinion of the CourtLamm, C. J.

Mandamus. Original proceeding. The Forty-seventh General Assembly (Laws 1913, p. 327) ostensibly passed an act relating to elections repealing sections 5801, 5893 and 5000, Revised Statutes 1909, and enacting new sections in lieu thereof prescribing the form of the ballot to be what is popularly known as a “blanket ballot” as over against a “single ballot,” as provided by the former statutes, and making other provisions not material here.

The sole question is whether that statute was passed in accordance with the safeguards and mandatory provisions of the Constitution. If yea, the writ does…

2Cases cited8 opinions

  1. Field v. ClarkSupreme Court of the United States · 1892
  2. State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
  3. Pacific Railroad v. GovernorSupreme Court of Missouri · 1856
  4. State ex rel. Attorney General v. FrancisSupreme Court of Kansas · 1882
  5. State ex rel. Godard v. AndrewsSupreme Court of Kansas · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Brown v. MorrisSupreme Court of Missouri · 1956
  2. State v. AdamsSupreme Court of Missouri · 1929
  3. Ex Parte SewardSupreme Court of Missouri · 1923
  4. State ex rel. Frazer v. SeibelSupreme Court of Missouri · 1914
  5. In Re John E. CorveyMissouri Court of Appeals · 1926

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