[DOWNLOAD] "State Ex Rel. O'Connell v. Mitchell" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. O'Connell v. Mitchell
- Author : Supreme Court of Montana
- Release Date : January 04, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Submitted and Elections — Initiative and Referendum — Right of Signers of Petitions for Submission of Initiative Measure to Electorate to Withdraw Their Signatures Reaffirmed — Mandamus. 1. Held, on application for writ of mandate to compel the Secretary of State to notify the Governor of the filing of a petition for the submission of an initiative measure to the electorate of the state, asked for on the ground that the Secretary is without power to consider petitions for the withdrawal of names of signers from the petition for the submission of such a measure after it had been forwarded to him by the different county clerks, that the right of withdrawal exists until the Secretary of State has finally determined that the petition is sufficient, in the absence of legislative expression to the contrary. Relator filed application for a writ of mandate directed against the respondent Sam W. Mitchell, Secretary of State, setting forth the following material facts: That on or about July 3, 1940, a petition in due form was filed in the office of respondent for the initiative of a certain measure. It is alleged in substance that this petition contained the requisite number of signatures of qualified voters entitling the measure to be voted upon at the next general election, and that the respondent refuses to notify the Governor of the filing of the petition and to take other steps necessary to have the measure submitted to the qualified electors at the general election to be held on November 5, 1940.