State ex rel. Hopkins v. City of Independence

The opinion of the court was delivered by

Mason, J.:

This action was brought by the state on the relation of the attorney-general to enjoin the enforcement of a franchise ordinance passed by the city .commission of the city of Independence, on the ground it had not been submitted to a popular vote, and to require such submission. A demurrer to the petition was sustained and the plaintiff appeals.

The question involved is whether a petition for the calling of an election on the subject, which originally had the required number of signatures, was rendered ineffective by withdrawals attempted by a…