Legal Opinion

State ex rel. Garesche v. Roach

Supreme Court of Missouri

Decided June 2, 1914PublishedCited by 16 opinions

Mandamus. . (1) The so-called Non-partisan Judiciary Act of 1913 is unconstitutional because it violates article 4, section 28, of the Constitution, in that it purports to repeal existing laws without any indication of such repeal in its title.

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Mandamus. . (1) The so-called Non-partisan Judiciary Act of 1913 is unconstitutional because it violates article 4, section 28, of the Constitution, in that it purports to repeal existing laws without any indication of such repeal in its title. (2) The so-called Non-partisan Judiciary Act of 1913 is unconstitutional because it violates article 4, section 23, paragraph 32, of the Constitution in that it is a local or special law enacted “where a general | law can he made applicable.” Bridges v. Mining Co., 252 Mo. 53; Hays v. Mining Co., 227 Mo. 288; Hender- ; son v. Koenig, 168 Mo. 375; State…

1Opinion of the Court

FARIS, J. —

This is a proceeding by mandamus to compel the respondent, as Secretary of State, to receive and file the declaration of candidacy of relator upon the Republican ticket at the ensuing primary election, for the office of circuit judge of the Eighth Judicial (Circuit, which circuit is composed of the city of St. Louis.

This is a companion case to that of State ex rel. Garesche v. Drabelle et ah, as members of the Board of Election Commissioners, etc., likewise submitted at this term. The two cases, for reasons which'are obvious, will be considered together, and a mere memorandum made…

2Cases cited31 opinions

  1. Rodgers v. United StatesSupreme Court of the United States · 1902
  2. Ewing v. HoblitzelleSupreme Court of Missouri · 1884
  3. State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
  4. State ex rel. Harris v. HerrmannSupreme Court of Missouri · 1882
  5. City of St. Louis v. TiefelSupreme Court of Missouri · 1868

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3Cited by16 opinions

  1. International Shoe Co. v. ShartelSupreme Court of the United States · 1929
  2. Taylor v. SchlemmerSupreme Court of Missouri · 1944
  3. Waterman v. Chicago Bridge & Iron WorksSupreme Court of Missouri · 1931
  4. Bowers v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
  5. State Ex Rel. Moseley v. LeeSupreme Court of Missouri · 1928

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

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