State ex rel. Griffith v. Russell

The opinion of the court was delivered by

Burch, J.:

The action is one of mandamus to compel the board of county commissioners of Morton county to call an election to decide a proposition for removal of the county seat from Richfield to Elkhart.

The removal petition was filed with the board of county commissioners on April 6, 1925. The petition was prepared and presented pursuant to chapter 134 of the Laws of 1925. In July, 1925, the court determined two preliminary questions, as follows:

“Chapter 134 of the Laws of 1925 does not violate section 17 of article 2 of the constitution of this state.…