Legal Opinion · Concurrence

Hamilton v. Secretary of State

Michigan Supreme Court

Decided October 1, 1920No. Calendar No. 29,334Published

Mandamus by James Hamilton to compel Coleman C. Vaughan, secretary of State,' to submit a proposed amendment to the Constitution.

1Concurrence

Sharpe, J.*

I concur in the opinion of the Chief Justice, holding that the constitutionality of the proposed amendment is not before us for decision. While the conclusion reached by him is tersely stated, the time permitted • in its preparation prevented any lengthy discussion of the question presented. Its importance prompts me to express at greater length my views on the subject.

The provision as to amendments to the Constitution (Art. 17) by the initiative and referendum reads as follows:

“Sec. 2. Amendments may also be proposed to this Constitution by petition of the qualified voters of this…

2Cases cited17 opinions

  1. Anway v. Grand Rapids Railway Co.Michigan Supreme Court · 1920
  2. Threadgill v. Cross, Secretary of StateSupreme Court of Oklahoma · 1910
  3. Richardson v. McChesneySupreme Court of the United States · 1910
  4. Thompson v. Secretary of StateMichigan Supreme Court · 1916
  5. Capito v. ToppingWest Virginia Supreme Court · 1909

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