State ex rel. Evans v. Gordon
Supreme Court of Missouri
Mandamus. (1) The act in question is class legislation and' in violation of Sec. 27, Art. 4, of the Constitution of 1875, in that it undertakes to divide a natural class of persons, to-wit, all persons whose election to office has been contested, into artificial classes, to-wit, those who draw their salary from the State treasury, and those who draw their salary from a county or city treasury or receive'their compensation from fees col-' lected, and undertakes to impose a…
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Mandamus. (1) The act in question is class legislation and' in violation of Sec. 27, Art. 4, of the Constitution of 1875, in that it undertakes to divide a natural class of persons, to-wit, all persons whose election to office has been contested, into artificial classes, to-wit, those who draw their salary from the State treasury, and those who draw their salary from a county or city treasury or receive'their compensation from fees col-' lected, and undertakes to impose a burden upon the one which it does upon the other. A statute which relates to persons or things as a class is a general…
1Opinion of the CourtFerriss, J.
— This is an original proceeding by mandamus on behalf of William P. Evans, Superintendent of Public Schools, to compel John P. Gordon, State Auditor, to issue to relator a warrant for his salary as Superintendent of Public. Schools for the thirteen months ending January 31, 1912, in the sum of $3250, which salary has been withheld by the State Auditor because of a pending contest proceeding against relator instituted by Howard A. Gass contesting relator’s right to the office of Superintendent of Public Schools, which contest has been pending in this court since relator was inducted into…
2Cases cited20 opinions
- State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- Lynch v. MurphySupreme Court of Missouri · 1893
- State ex rel. Dickason v. County CourtSupreme Court of Missouri · 1895
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
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3Cited by29 opinions
- State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
- Sibley v. StateSupreme Court of Connecticut · 1915
- County of Nodaway v. KidderSupreme Court of Missouri · 1939
- Strohmeyer v. Southwestern Bell Telephone Co.Missouri Court of Appeals · 1965
- Booth v. ScottSupreme Court of Missouri · 1918
24 more not listed; retrieve them via the Exa API.