State ex rel. Attorney - General v. Tomlinson
Supreme Court of Kansas
Original Proceedings in Quo Warranto. The constitution, as amended in 1873, (laws of 1873, p.249; laws of 1874, p. 217,) contains the following provision : Ant. 2, § 2: “The number of representatives and senators shall be regulated by law, but shall never exceed one hundred and twenty-five representatives, and forty senators.
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Original Proceedings in Quo Warranto. The constitution, as amended in 1873, (laws of 1873, p.249; laws of 1874, p. 217,) contains the following provision : Ant. 2, § 2: “The number of representatives and senators shall be regulated by law, but shall never exceed one hundred and twenty-five representatives, and forty senators. From and after the adoption of the amendment(*) the house of representatives shall admit one member from each county in which at least two hundred and fifty legal votes were cast at the next preceding general election; and each organized county in which less than two…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This is an attempt by proceedings in the nature of quo warranto, to try the title of defendant to his seat in the house of representatives of the legislature of Kansas. The facts, as they appear by petition and answer, are, that the defendant is a citizen of Rush county, and at the general election in 1876 was voted for and received a majority of all votes cast in that county for representative from that county; that at this election less than 250 votes were cast; that at this time, Rush county was not attached to any other county; that…
2Cases cited3 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Prouty v. StoverSupreme Court of Kansas · 1873
- O'Ferrall v. ColbySupreme Court of Minnesota · 1858
3Cited by8 opinions
- Harris v. ShanahanSupreme Court of Kansas · 1963
- State ex rel. Attorney General v. FrancisSupreme Court of Kansas · 1882
- In re GunnSupreme Court of Kansas · 1893
- Lessard v. SnellOregon Supreme Court · 1937
- Daniel v. BoundSupreme Court of Oklahoma · 1938
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