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Prescott Et Al. v. Secretary Commonwealth

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eBook details

  • Title: Prescott Et Al. v. Secretary Commonwealth
  • Author : Supreme Court of Minnesota
  • Release Date : January 17, 1938
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 77 KB

Description

FIELD, Justice. This is a petition for a writ of mandamus. The petitioners are eleven citizens of the Commonwealth, taxpayers and duly qualified and registered voters in various cities and towns thereof. The respondent is the Secretary of the Commonwealth. St.1937, c. 384, was approved by the Governor of the Commonwealth on May 28, 1937. Within thirty days thereafter the petitioners filed with the respondent a petition signed by them, asking for a referendum on the law and requesting that the operation thereof be suspended for the purpose of obtaining a referendum thereon. See article 48 of the Amendments to the Constitution of the Commonwealth, The Referendum, pt. 3, 3. Thereupon the respondent wrote to one of the petitioners a letter stating that the Attorney General had ruled that the Act is in effect and therefore there is no authority under the constitution to request its suspension and that he (the respondent) refuse to provide blanks for the use of subsequent signers. The respondent declined and continued to decline to provide such blanks. By the petition before us the petitioners seek a writ of mandamus compelling the respondent to provide such blanks and commanding him to cease to regard said act as already in effect. The petition was heard by a single Justice of this court upon the pleadings and an agreed statement of facts. The single justifice found the facts to be as stated in the agreed statement of facts, and, at the request of the parties, reported, without decision, the questions of law arising in the case for the determination of the full court. See G.L.(Ter.Ed.) c. 211, 6; c. 231, 111; Campbell v. Justices of Superior Court, 187 Mass. 509, 510, 73 N.E. 659, 69 L.R.A. 311, 2 Ann.Cas. 462.


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