State Ex Rel. Smith v. Kelly

Calhoun, Judge:

In this proceeding in mandamus instituted pursuant to the original jurisdiction of this Court in cases of this nature, Honorable Hulett C. Smith, Governor of the State of West Virginia, seeks to require Honorable John H. Kelly, State Treasurer, to perform certain acts required of him in his official capacity, in order to implement and to effectuate a certain amendment to the Constitution of West Virginia known as the “Better Roads Amendment” and an act of the legislature enacted pursuant to the constitutional amend ment. The constitutional amendment provides for the issuance…