Legal Opinion

State ex rel. Goodman v. Stewart

Montana Supreme Court

Decided January 30, 1920No. 4,551PublishedCited by 36 opinions

Appeal from District Court, Lems and Clark County; W. S. Doorman, Judge. Proceeding by the State, on the relation of Sam Goodman, against Charles T. Stewart, Secretary of State. Writ of prohibition issued, and defendant appeals. This proceeding was instituted for the sole purpose of having it determined whether the declaration contained in section 13 ■of Chapter 28, Laws of 1919, Extra.

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Appeal from District Court, Lems and Clark County; W. S. Doorman, Judge. Proceeding by the State, on the relation of Sam Goodman, against Charles T. Stewart, Secretary of State. Writ of prohibition issued, and defendant appeals. This proceeding was instituted for the sole purpose of having it determined whether the declaration contained in section 13 ■of Chapter 28, Laws of 1919, Extra. Session, withdraws that Act from the referendum provisions of section 1 of Article V of the Constitution, so that the Act cannot be referred to the people for their rejection or approval at the general…

1Opinion of the CourtJustice Matthews

At the general election held in November, 1906, the people adopted an amendment to section 1, Article Y, of the state Constitution, which, by executive proclamation, became a part of the Constitution December 7, 1907. Said section 1 of Article Y, as amended, in so far as it is pertinent here, reads as follows:

“The legislative authority of the state shall be vested in a legislative assembly, consisting of a senate and house of representatives; but the people reserve to themselves power to propose laws, and to enact or reject the same at the polls except as to laws relating to appropriations of…

2Cases cited43 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Kadderly v. PortlandOregon Supreme Court · 1903
  3. Caseday v. LindstromOregon Supreme Court · 1904
  4. State ex rel. Brislawn v. MeathWashington Supreme Court · 1915
  5. In Re HoffmanCalifornia Supreme Court · 1909

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3Cited by36 opinions

  1. Gallivan v. WalkerUtah Supreme Court · 2002
  2. State ex rel. Bonner v. DixonMontana Supreme Court · 1921
  3. State Ex Rel. Dufresne v. LeslieMontana Supreme Court · 1935
  4. Stanley v. JeffriesMontana Supreme Court · 1929
  5. State Ex Rel. Jones v. EricksonMontana Supreme Court · 1926

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

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