State ex rel. Morris v. Mason
Supreme Court of Louisiana
APPEAL from the Seventeenth District Court, Parish of East Baton Rouge. Bitckner, J. 1. The duty imposed on the Secretary of State is purely ministerial; hence mandamus will lie. 76 Va. 884; 79 Id. 269; 40 An. 895. 2. The State is not a party to this suit; any citizen could have instituted it to compel performance of a public duty. 11 An. 140; 9117. S. 855. 8. The Secretary of State refused to publish the amendment on the sole ground that it had not been presented to the…
Read the full summary
APPEAL from the Seventeenth District Court, Parish of East Baton Rouge. Bitckner, J. 1. The duty imposed on the Secretary of State is purely ministerial; hence mandamus will lie. 76 Va. 884; 79 Id. 269; 40 An. 895. 2. The State is not a party to this suit; any citizen could have instituted it to compel performance of a public duty. 11 An. 140; 9117. S. 855. 8. The Secretary of State refused to publish the amendment on the sole ground that it had not been presented to the Governor for lii$ approval. He is confined to that ground and can not shift liis position. 96 U. S. 267. A proposed…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
Alleging himself to have a personal interest therein, John A. Morris, as relator, represents that on the 9th of June, 1890, •during a regular session of the General Assembly of the State of Louisiana, there was introduced in the House of Representatives a measure proposing an amendment to the Constitution of the State, known and designated therein as “House Bill No. 214,” for submission to-the electors of the State for their ratification or rejection; it being entitled “ an article on levees, schools, charities, pensions, drainage and…
2Cases cited6 opinions
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- State v. SwiftIndiana Supreme Court · 1880
- Wise v. BiggerSupreme Court of Virginia · 1884
- Estate of SunderlandSupreme Court of Iowa · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hammond v. ClarkSupreme Court of Georgia · 1911
- Crawford v. GilchristSupreme Court of Florida · 1912
- State ex rel. Hay v. AldersonMontana Supreme Court · 1914
- State Ex Rel. Kemp v. City of Baton RougeSupreme Court of Louisiana · 1949
- Gottstein v. ListerWashington Supreme Court · 1915
26 more not listed; retrieve them via the Exa API.