Brand v. Common Council of Nome
District Court, D. Alaska
Petition for a peremptory writ of mandamus to compel the-common council of the town of Nome to provide for and conduct, or cause to be conducted, an election according to law of a school board of three members for the Nome school district, consisting of a director, a treasurer, and a clerk, to-hold office one, two, and three years, respectively, and to afford the electors of said district at such election the opportunity to express by vote their choice of members of said…
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Petition for a peremptory writ of mandamus to compel the-common council of the town of Nome to provide for and conduct, or cause to be conducted, an election according to law of a school board of three members for the Nome school district, consisting of a director, a treasurer, and a clerk, to-hold office one, two, and three years, respectively, and to afford the electors of said district at such election the opportunity to express by vote their choice of members of said board who shall hold each of said terms. Upon the hearing of the order to show cause why the writ of peremptory…
1Opinion of the Court
MOORE, District Judge,
after making the foregoing statement of facts, rendered the following opinion:
It must be conceded that the election of members of the ■ school board in April, 1905, was fair and honest, and that the will of the sovereign people was expressed so far as the electors by the ballots put in their hands were given opportunity to signify their will. On that occasion the town council of Nome sought to observe all the forms prescribed by the law to evoke an expression of the popular will. That they failed to obey the spirit of the statute of January 27, 1905, and its supplement,…
2Cases cited10 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- State ex rel. Shaw v. WareOregon Supreme Court · 1886
- State v. NordstromWashington Supreme Court · 1893
- Arthur v. CummingSupreme Court of the United States · 1876
- State ex rel. Durkheimer v. GraceOregon Supreme Court · 1890
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3Cited by3 opinions
- Blue v. StocktonAlaska Supreme Court · 1960
- LESTENKOF v. StateCourt of Appeals of Alaska · 2010
- LESTENKOF v. StateCourt of Appeals of Alaska · 2010