Heinkel v. Toberman

The appellants’ action seeks to enjoin Walter H. Toberman, as Secretary of State of the State of Missouri, from submitting a referendum to a vote of the people on “House Committee Substitute for House Bill No. 185,” enacted by the Sixty Fifth General Assembly and approved by, the Governor on August 27, 1949. The circuit court dismissed appellants’ petition because it failed to state a claim upon which appellants are entitled to obtain injunctive relief.

The statute in question will hereafter be referred to as house bill 185. It provides that, in order to provide funds for the construction and…