Scott v. Secretary of State
Michigan Supreme Court
Mandamus by Richard H. Scott and others to compel Coleman C. Vaughan, secretary of State, to refrain from submitting certain proposed amendments to the Constitution to the electors at the general election in November. Charles W. Norton and others were by Consent allowed, to intervene and answer the petition and to be heard in argument.. Article 16 of the Constitution of Michigan is entitled “Miscellaneous Provisions.”
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Mandamus by Richard H. Scott and others to compel Coleman C. Vaughan, secretary of State, to refrain from submitting certain proposed amendments to the Constitution to the electors at the general election in November. Charles W. Norton and others were by Consent allowed, to intervene and answer the petition and to be heard in argument.. Article 16 of the Constitution of Michigan is entitled “Miscellaneous Provisions.” Section 11 of the article, added to the Constitution in 1916, operative since April 30, 1918, reads as follows: “The manufacture, sale, keeping for sale, giving away, bartering…
1Opinion of the CourtOstrander, C. J.
(after stating the facts). Under the circumstances disclosed here, including, of course, the fact that the attorney general advised the filing of the petitions, plaintiffs show such an interest as entitles them to institute this proceeding. Ayres v. Board of State Auditors, 42 Mich. 422; Thompson v. Secretary of State, 192 Mich. 512, 522.
Of the right of qualified voters of the State to propose amendments to the Constitution by petition it may be said, generally, that it can be interfered with neither by the legislature, the courts, nor the officers charged with any duty in the premises. But…
2Cases cited4 opinions
- Thompson v. Secretary of StateMichigan Supreme Court · 1916
- People ex rel. Ayres v. Board of State AuditorsMichigan Supreme Court · 1880
- Rich v. Board of State CanvassersMichigan Supreme Court · 1894
- Livingstone v. Board of Election CommissionersMichigan Supreme Court · 1913
3Cited by47 opinions
- Woodland v. Michigan Citizens LobbyMichigan Supreme Court · 1985
- School District v. City of PontiacMichigan Supreme Court · 1933
- Kuhn v. Department of TreasuryMichigan Supreme Court · 1971
- City of Jackson v. Com'r of RevenueMichigan Supreme Court · 1947
- Leininger v. Secretary of StateMichigan Supreme Court · 1947
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