Edwards v. Lesueur
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The courts of this state have no legal power to enjoin the secretary of state in the performance of his constitutional and statutory duties in connection with the submission of the proposed amendment to the constitution of the state of Missouri, or to prevent the qualified voters from ratifying or rejecting the said amendment in the manner provided in the constitution and statutes, unless the court first…
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Appeal from Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The courts of this state have no legal power to enjoin the secretary of state in the performance of his constitutional and statutory duties in connection with the submission of the proposed amendment to the constitution of the state of Missouri, or to prevent the qualified voters from ratifying or rejecting the said amendment in the manner provided in the constitution and statutes, unless the court first determines that the general assembly did not propose any amendment to the constitution in the mode prescribed in the…
1Opinion of the CourtMacfaelane, J.
This is a suit by plaintiff, as a property owner of Jefferson City, to restrain the secretary of state from discharging the duties enjoined upon him in respect to submitting to a vote of the electors of the state a proposal, passed by the last general assembly, for amending the constitution so as to provide therein for the removal of the seat of government from the City of Jefferson to the city of Sedalia.
*427The amendment was proposed under a concurrent resolution, and is as follows:
“Concurrent resolution submitting to the qualified voters of Missouri an amendment to the constitution thereof,…
2Cases cited3 opinions
- Newton v. CommissionersSupreme Court of the United States · 1880
- State v. McBrideSupreme Court of Missouri · 1836
- State v. AddingtonSupreme Court of Missouri · 1882
3Cited by29 opinions
- Kadderly v. PortlandOregon Supreme Court · 1903
- Ellingham v. DyeIndiana Supreme Court · 1912
- Missourians to Protect the Initiative Process v. BluntSupreme Court of Missouri · 1990
- Buchanan v. KirkpatrickSupreme Court of Missouri · 1981
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
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