State Ex Rel. Pennock v. Coe

This is an original proceeding in mandar mus to compel the secretary of state to accept for filing the necessary documents tendered by relator for the referendum of §§ 7 and 36 of chapter 174, Laws of 1953, pp. 346, 367.

Relator in his application for the writ alleges full compliance with the statutory and constitutional requirements to entitle his committee of legal voters to seek such referendum, and that respondent refused to accept for filing the documents tendered because chapter 174 contained an emergency clause which provided it should take effect April 1, 1953.

Relator then asserts:

“. .…