State Ex Rel. Herbert v. Mitchell

By the Court.

The immediate issue is raised by a demurrer to the answer. The principal question concerns the duties of the Secretary of State upon the filing of a petition seeking a referendum on a law enacted by the General Assembly. The issue requires an examination of the provisions of the Constitution as well as of the statutes enacted thereunder.

By reason of his findings the Secretary of State made a determination that the papers filed did not constitute, a valid referendum petition, notified the petitioners’ committee to that effect and refused to send the parts of the petition to the…