Legal Opinion

Prouty v. Stover

Supreme Court of Kansas

Decided January 15, 1873PublishedCited by 39 opinions

Original Proceedings in Mandamus. By the adoption in 1868 of an amendment to § 4 of art. 15 of the constitution of Kansas, the office of State Printer was created.

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Original Proceedings in Mandamus. By the adoption in 1868 of an amendment to § 4 of art. 15 of the constitution of Kansas, the office of State Printer was created. Said amendment provides that such officer shall be elected by the legislature in joint session — the election to be held on the third Tuesday of January in every .•second year, commencing in the year 1869. (House Journal, 1868, pp. 196, 394; Senate Journal, 1868, p. 326; Laws of 1870, p. 265.) The last apportionment act was passed in 1871 — ch. 14, laws of 1871, pp. 32 to 37. Sec. 1 of said act is as follows: “Section 1. That the…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This is a proceeding by mandamus, instituted in this court, to compel the Lieutenant-Governor of this state and the Speaker of the House of Representatives, to furnish the plaintiif, S. S. Prouty, with a certificate of his election as state printer of the state of Kansas, he claiming to be entitled to such certificate by virtue of the-proceedings had in the joint session of the legislature on the third Tuesday of January, 1873. Three questions are presented, two of which at least must be decided in favor of the plaintiff before he will be…

2Cases cited1 opinion

  1. State ex rel. Knowlton v. WilliamsWisconsin Supreme Court · 1856

3Cited by39 opinions

  1. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  2. Richardson v. YoungTennessee Supreme Court · 1909
  3. Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
  4. Harris v. ShanahanSupreme Court of Kansas · 1963
  5. State ex rel. Donaldson v. HinesSupreme Court of Kansas · 1947

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