Martineau v. Crabbe
Utah Supreme Court
Application for writ of prohibition by L. R. Martineau, Jr., Justice of the Peace, against A. H. Crabbe and others, Board of County Commissioners of Salt Lake County. STATEMENT OF FACTS. This is an application by plaintiff, L. R. Martineau, Jr., for a writ of prohibition against defendants, the county commissioners of Salt Lake County.
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Application for writ of prohibition by L. R. Martineau, Jr., Justice of the Peace, against A. H. Crabbe and others, Board of County Commissioners of Salt Lake County. STATEMENT OF FACTS. This is an application by plaintiff, L. R. Martineau, Jr., for a writ of prohibition against defendants, the county commissioners of Salt Lake County. The action involves the validity of chapter 108, Session Laws Utah 1915, which is as follows: “An act amending, section 544, chapter 5 of the Compiled Laws of Utah, 1907, relating to justices of the peace and constables in cities of the first class, and…
1Opinion of the CourtMcCAETY, J.
(after stating the facts as above).
The first question presented relates to the “emergency clause” of the act in question, which provides that “this act shall take effect upon approval.” It is contended 1 that the Senate Journal shows that this clause was stricken from the act just before its final passage, and that therefore, under section 25, art. 6, of the Constitution, the enactment did not take effect until May 11, 1915, 60 days after the adjournment of the Legislature. This section of the Constitution provides that:
“All acts shall be officially published, and no act shall take effect…
2Cases cited10 opinions
- State v. MorganSouth Dakota Supreme Court · 1891
- Edler v. EdwardsUtah Supreme Court · 1908
- Marioneaux v. CutlerUtah Supreme Court · 1907
- Hawkins v. Roberts & SonSupreme Court of Alabama · 1898
- Ballantyne v. BowerWyoming Supreme Court · 1909
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3Cited by15 opinions
- Atwood v. Cox, District JudgeUtah Supreme Court · 1936
- Utah State Fair Ass'n v. GreenUtah Supreme Court · 1926
- Gregory v. ShurtleffUtah Supreme Court · 2013
- Riggins v. District Court of Salt Lake CountyUtah Supreme Court · 1935
- State v. BarlowUtah Supreme Court · 1944
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