State Ex Rel. Byrne v. Baker

This is a mandamus proceeding instituted by the state on relation of the secretary of state to compel the state auditor to issue warrants in payment of the bills approved and audited by the State Auditing Board for the expenses incident to the publication and mailing of the publicity pamphlet issued incident to the general election-to be held November 6, 1934. The facts are undisputed, and the case presents for determination solely questions of law.

The constitution of the state provides for the initiative and referendum. The initiative is applied both to constitutional amendments and…