State ex rel. Griffith v. Russell

The opinion of the court was delivered by

Marshall, J.:

This is an original proceeding in mandamus to compel the board of county commissioners to call an election to relocate the county seat of Morton county. On April 6, 1925, a petition for that purpose, purporting to be signed by more than one-half of the electors of that county, was presented to the board of county commissioners. The board refused to call the election.

Two legal questions are presented for determination before taking evidence on the issues made by the pleadings.

The first question is the constitutionality of chapter 134 of the…