State Ex Rel. Swan v. Kozer

The Secretary of State can be required to act only in compliance with an existing law.

House Bill No. 517 was a bill for an act authorizing a special election for the purpose of submitting to the people any measures which might be referred to them. It passed both houses of the legislative assembly and was thereafter transmitted to the Governor, who indorsed thereon his disapproval and filed the same with the Secretary of State, together with the reasons for his veto. The Secretary assumed the position that the proposed statute was ineffective because of its disapproval by the Governor, hence…