State ex rel. Mitchell v. District Court

MR. CHIEF JUSTICE ADAIR:

Original application for a writ of prohibition.

At the general election held throughout the State of Montana on November 4, 1952, John E. Henry was duly elected to office as a member of the Montana railroad commission, for a full term of six years, to commence on the first Monday of January 1953. Thereafter he duly qualified and on January 5, 1953, took the office and entered upon the duties attendant thereto.

On July 20, 1954, the state-wide primary nominating election was held in the State of Montana.

On August 17, 1954, John E. Henry, then a duly qualified and acting…