State Ex Rel. Spire v. Conway

This original action in quo warranto brought by the State of Nebraska through the relator, Robert M. Spire, its Attorney *767General, challenges the right of the respondent, Sen. Gerald A. Conway, to hold a position as an assistant professor at Wayne State College while simultaneously serving as a member of the state’s Unicameral Legislature.

The college is a state institution under the government of the Board of Trustees of the Nebraska State Colleges, pursuant to Neb. Const, art. VII, § 13, and Neb. Rev. Stat. § 85-301 (Cum. Supp. 1988). The State contends that because he is a senator,…