State ex rel. Harrison v. Frazier
Supreme Court of Missouri
Appeal from, Phelps Circuit Court. — Horr. C. C. Bland, Judge. This is a proceeding by information in the nature of quo warranto to oust defendants from their tenure of office as councilmen of the city of Rolla in Phelps county. The relator is the prosecuting attorney of that county, proceeding officially. Defendants were chosen councilmen of Rolla at an election otherwise valid but without any previous registration of the voters of that city.
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Appeal from, Phelps Circuit Court. — Horr. C. C. Bland, Judge. This is a proceeding by information in the nature of quo warranto to oust defendants from their tenure of office as councilmen of the city of Rolla in Phelps county. The relator is the prosecuting attorney of that county, proceeding officially. Defendants were chosen councilmen of Rolla at an election otherwise valid but without any previous registration of the voters of that city. Rolla was incorporated by a special act, approved January 25, 1865. Part of that act requires that the voters at city elections “shall register their…
1Opinion of the CourtBarclay, J.
— The charter of Rolla is a special law enacted at a time when such legislation was constitutional. It is declared by its terms to be a public act and receivable in evidence without further proof. This authorizes all courts to take judicial notice of its contents., Defendants insist that the state constitution, adopted in 1875, repealed that part of the charter of Rolla requiring the registration of voters at city elections. The constitution defines the qualifications of voters, making no reference to registration as one of them. (Art. 8, sec. 2.) It then declares that “ the general assembly…
2Cases cited5 opinions
- Shreveport v. ColeSupreme Court of the United States · 1889
- Zeiler v. ChapmanSupreme Court of Missouri · 1874
- State ex rel. Bancroft v. StumpfWisconsin Supreme Court · 1869
- People ex rel. Ellsworth v. LaineCalifornia Supreme Court · 1867
- Nefzger v. D. & St. P. RailwaySupreme Court of Iowa · 1873
3Cited by22 opinions
- Kansas City v. J. I. Case Threshing MacHine Co.Supreme Court of Missouri · 1935
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- State ex rel. Harvey v. WrightSupreme Court of Missouri · 1913
- Gaston v. LamkinSupreme Court of Missouri · 1893
- State ex rel. Scott v. DirckxSupreme Court of Missouri · 1908
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