State ex rel. Wolfe v. Bronson
Supreme Court of Missouri
Mandamus. (1) The act of April 4, 1891, is not unconstitutional as being in contravention of section 4, article 11 of the constitutiion. First. The constitutional provision is not self-executing, and is “inoperative until aided by legislation,” and “is operative' only to the extent the supplemental legislation imparts vitality.” Cooley’s Constitutional Limitations [6 Ed.] 98, et seq.; Brown v. Seay, 5 South. Rep.
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Mandamus. (1) The act of April 4, 1891, is not unconstitutional as being in contravention of section 4, article 11 of the constitutiion. First. The constitutional provision is not self-executing, and is “inoperative until aided by legislation,” and “is operative' only to the extent the supplemental legislation imparts vitality.” Cooley’s Constitutional Limitations [6 Ed.] 98, et seq.; Brown v. Seay, 5 South. Rep. (Ala.) 216; Fuss v. Spaunhorst, 67 Mo. 256; Householder v. City of Kansas, 83 Mo. 488; Board v. Patton, 62 Mo. 444;. People v. Commissioners, 15 Mich. 347; State v. Ah Jim, 23 Pac.…
1Opinion of the CourtBlack, J.
This case is now before us on a motion to quash an alternative writ of mandamus issued by this court. The relator is the state superintendent of public schools acting in his official capácity of ex officio member and president of the Missouri School Book Commission; and the respondents are the directors of the city of Sedalia school district.
The Missouri school book commission, created and organized under the act of April 4, 1891 (Acts of 1891, p. 26), advertised for and received and accepted bids •and made contracts with different publishers for furnishing a course of school books for the…
2Cases cited4 opinions
- State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
- State v. BurgdoerferSupreme Court of Missouri · 1891
- State ex rel. Kansas City Park District v. County CourtSupreme Court of Missouri · 1890
- State v. MorganSupreme Court of Missouri · 1892
3Cited by21 opinions
- People ex rel. Elder v. SoursSupreme Court of Colorado · 1903
- Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Cudihee v. PhelpsWashington Supreme Court · 1913
- State v. WeindorfSupreme Court of Missouri · 1962
- O'Connor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
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