State ex rel. Richards v. Whisman
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Proceedings by the State, on the relation of R. O. Richards and others, against M. D. Whisman, as County Auditor of Beadle County, to enjoin. defendant from complying with provisions of the primary election law of 1915. From a judgment for defendant, and from an order denying a new trial, relators appeal.
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Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Proceedings by the State, on the relation of R. O. Richards and others, against M. D. Whisman, as County Auditor of Beadle County, to enjoin. defendant from complying with provisions of the primary election law of 1915. From a judgment for defendant, and from an order denying a new trial, relators appeal. (1) Under point one of the opinion, Respondent 'submitted that": That the question of the authority of the Legislature to declare an emergency and place the 1915 act into immediate operation is not within the issues of…
1Opinion of the CourtMcCOY, P. J.
This suit was instituted by .plaintiffs, R. O-Richards and 'others, to restrain defendant, as county auditor of Beadle county, from complying with the requirements of chapter 258, Laws of 1915, upon the ground that said legislative enactment is unconstitutional and void: (1) In that it contains an emergency clause making it take immediate effect, thereby, as it is alleged “depriving the people of the expressly reserved right of having the law'submitted to the voters”; (2) in that the Legislature ■was without the power to repeal chapter 201, Laws of 1911, commonly known as the “Richards…
2Cases cited20 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Munn v. IllinoisSupreme Court of the United States · 1877
- Kadderly v. PortlandOregon Supreme Court · 1903
- Caseday v. LindstromOregon Supreme Court · 1904
- State ex rel. Brislawn v. MeathWashington Supreme Court · 1915
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3Cited by45 opinions
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- Smith v. PentaSupreme Court of New Jersey · 1979
- State Ex Rel. Kornmann v. LarsonSouth Dakota Supreme Court · 1965
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