Legal Opinion

Bott v. Secretary of State

Supreme Court of New Jersey

Decided June 13, 1898PublishedCited by 13 opinions

On writ of certiorari to bring up the statement of the result of an election held September 28th, 1897, for the adoption or rejection of certain constitutional amendments. The writ was sued out by prosecutors, who are citizens and taxpayers of the State of New Jersey, who voted at the special election held on September 28th, 1897, upon the constitutional amendments.

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On writ of certiorari to bring up the statement of the result of an election held September 28th, 1897, for the adoption or rejection of certain constitutional amendments. The writ was sued out by prosecutors, who are citizens and taxpayers of the State of New Jersey, who voted at the special election held on September 28th, 1897, upon the constitutional amendments. It was directed to the secretary of state, to bring up the statement of the result of such election so far as concerned the proposed amendment to the constitution relating to lotteries and gambling, as ascertained and determined…

1Opinion of the Court

The opinion of the court was delivered by

Depue, J.

The constitutional provision under which the proposed amendments were submitted to the people is article 9, which is as follows: “Any specific amendment or amendments to the constitution may be proposed in the senate or general assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen, and shall be published for three months…

2Cases cited5 opinions

  1. Koehler & Lange v. HillSupreme Court of Iowa · 1883
  2. State v. SwiftIndiana Supreme Court · 1880
  3. State v. WrightsonSupreme Court of New Jersey · 1893
  4. Slingerland v. NortonSupreme Court of Minnesota · 1894
  5. State v. WurtsSupreme Court of New Jersey · 1897

3Cited by13 opinions

  1. In re DennyIndiana Supreme Court · 1901
  2. Rice v. PalmerSupreme Court of Arkansas · 1906
  3. Town of Eufaula v. GibsonSupreme Court of Oklahoma · 1908
  4. State ex rel. Short v. ClausenWashington Supreme Court · 1913
  5. Cashman v. City Clerk of SalemMassachusetts Supreme Judicial Court · 1912

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