State Ex Rel. Thomas v. Davis

The question presented is whether or not an act is unconstitutional which fixes the time of election of a county superintendent of education by popular vote at a date other than the regular August election. The bill was filed by Thomas seeking a mandamus to compel the incumbent, Davis, to deliver to him the books and records of the office, complainant showing his election at the preceding November election held on that date pur suant to a provision in Chapter 243, Private Acts of 1927. A demurrer challenging the constitutionality of this act was sustained by the Chancellor as in conflict with…