Lawyers' Reports Annotated Volume 44 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 Excerpt: ... his discretion as a sworn officer, and this discretion Is not subject to challenge or review by the courts. 8. Chapter 171 of the Laws of 1807, apportioning the state Into representative districts (which went Into effect on June 1, 1898, and repealed all acts in conflict. with it), did not terminate the existence of the house of representatives of 1897, nor shorten the term of office of its members. A member of the legislature, unlike a county or township officer, has no official functions to perform within the district or territory from which he is elected. The division of the state Into legislative districts Is only a provision for future elections, and Is not designed to affect the title to office or tenure of the members making the apportionment. 4. The Constitution fixes the term of office of members of the legislature for two years, but does not expressly provide when their terms shall begin. In the absence of such a provision, it is competent for the legislature to fix the commencement of the term. This has been done by statute, which provides that the regular term of office for members of the senate and house of representatives shall commence on the second Tuesday of January next succeeding their election. (March 11. 1809.) PETITION for a writ of mandamus to compel defendant to audit and allow the amount of a voucher for services as legislator at a special session of the state legislature. Granted. Headnotes by Smith, J. Note.--As to extra sessions of the legislature, see also Wells v. Missouri P. R. Co. (Mo.) 15 L. R. A. 847, and note: also People, Carter, v. lice (N. Y.) 16 L. R. A. 836. Statement by Smith, J.: On February 2, 1899, the plaintiff, Hugh P. Farrelly, filed in this court his petition and affidavit praying for an alternative writ of m...