State Ex Rel. City of Missoula v. Holmes

The city of Missoula and its duly elected commissioners as relators brought this action in this court against the respondent John J. Holmes, as state auditor and ex-officio commissioner of insurance, seeking to enjoin the expenditure of money under, and the enforcement of, the provisions of Chapter 179, Laws 1935. It is asserted in the complaint that the provisions of this Act are violative of numerous constitutional provisions, and, furthermore, that the Act is void for uncertainty.

Section 1 of the Act provides “that all public buildings of this state and of each and every political…