Legal Opinion

Carton v. Secretary of State

Michigan Supreme Court

Decided March 9, 1908No. Calendar No. 22, 741PublishedCited by 9 opinions

Mandamus by John J. Carton, president of the constitutional convention, to compel George A. Prescott, secretary of State, to submit the proposed Constitution at the November general election.

1Opinion of the CourtGrant, C. J.

The people of Michigan in preparing and adopting their first Constitution provided means for a revision or change of the entire Constitution, by authorizing the legislature to recommend to the electors to vote for or against a convention, and, if the electors voted for it, by authorizing the legislature to provide by law for calling suqh convention to consist of not a less number than both branches of the legislature. Section 2, article 13, Constitution of 1835.

Pursuant to this provision, a convention was called to assemble in 1850. The entire Constitution was revised, submitted as a whole to…

2Cases cited21 opinions

  1. People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
  2. Commonwealth v. GriestSupreme Court of Pennsylvania · 1900
  3. People ex. rel. Hughes v. MayMichigan Supreme Court · 1855
  4. People ex rel. Andrews v. LordMichigan Supreme Court · 1861
  5. Seneca Mining Co. v. OsmunMichigan Supreme Court · 1890

16 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Ellingham v. DyeIndiana Supreme Court · 1912
  2. State ex rel. Linde v. HallNorth Dakota Supreme Court · 1916
  3. In Re Senate Resolution No. 2Supreme Court of Colorado · 1934
  4. Snow v. City of MemphisTennessee Supreme Court · 1975
  5. State ex rel. Byerley v. State Board of CanvassersNorth Dakota Supreme Court · 1919

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