State ex rel. Farris v. Roach
Supreme Court of Missouri
Mandamus. (1) Our Constitution means that if a Senator or Representative desires another office during his term, he must procure it by the votes of the people — he elected; that he cannot exert the influence of his office by the passage of a law, or otherwise, to be appointed to an office.
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Mandamus. (1) Our Constitution means that if a Senator or Representative desires another office during his term, he must procure it by the votes of the people — he elected; that he cannot exert the influence of his office by the passage of a law, or otherwise, to be appointed to an office. And even if this section of the Constitution applies it is not applicable to your relator, because, if elected, his office does not begin until after the expiration of the term to which he was elected, to-wit, “the second Monday in January next.” State ex rel. v. .Childs, 63 Mich. 153. Although one elected…
1Opinion of the CourtPerriss, J.
This is an original suit hy way of mandamus to compel the Secretary of State to certify relator’s name as a nominee for presidential elector-at-large on the Democratic ticket, to which he was nominated by the Democratic State Convention on February 20, 1912. A peremptory writ of mandamus was issued hy the court on the 16th day of October, 1912. The writ was awarded on that day to meet an emergency. It was announced hy the court that for want of time no opinion had been prepared, but that one would he filed later. This opinion, therefore, is to be read as if delivered on the date of the…
2Cases cited9 opinions
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- In Re GreenSupreme Court of the United States · 1890
- Todd v. JohnsonCourt of Appeals of Kentucky · 1896
- State ex rel. Snyder v. NewmanSupreme Court of Missouri · 1886
- State ex rel. Ensworth v. AlbinSupreme Court of Missouri · 1869
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3Cited by3 opinions
- Seay v. Latham, Secretary of StateTexas Supreme Court · 1944
- Mansur v. MorrisSupreme Court of Missouri · 1946
- Natalie A. Vowell v. Jason Kander, In His Official Capacity As Missouri Secretary Of StateMissouri Court of Appeals · 2014