46 Neb. 724 | Neb. | 1895
This is an application for a peremptory writ of mandamus to compel the respondents, who are officers of Red Willow county, to forthwith remove their offices from the city of Indianola to the city of McCook, in said county, and to hold their offices and perform their respective duties-as such officers at said city of McCook. It is alleged in the petition or application that on the 1st of August, 1892, a special election was held in said county for the relocation of the county seat thereof; that the only places voted for at said election were the city of McCook and the city of Indianola; that the county seat of Red Willow county was at the time of holding said election, and for more than five years prior to that time had been, located in the city of Indianola; and that neither previous to nor since August 1, 1892, had any election been held in said Red Willow county for the relocation of the county seat thereof. The application further alleges that at said special election there were cast for the relocation of the county seat of said
Does this petition or application state facts sufficient to constitute a cause of action? It will be observed from the quotations made above from the application that at the special election for the purpose of relocating the-county seat there were cast at said election 2,237 votes. Section 1, article 3, chapter 17, Compiled Statutes, 1893, provides that where an election is held for the purpose of relocating the county seat of a county, “Any place receiving three-fifths of all the votes cast shall become and remain * * the county seat of said county.” The theory of the relator seems to be that as Indianola and McCook together received 2,206 votes, and that more than three-fifths of these were cast in favor of McCook, therefore the result of the ■election was to relocate the county seat at the latter city. Is this the correct construction of the statute just quoted; or, does the statute mean that the county seat shall be declared relocated at that place which receives three-fifths of all the votes cast at the election held for the purpose of relocating the county seat?
Section 5, article 10, of the constitution provides: “The legislature shall provide by general law for township or
Section 2 of article 11 of the constitution of the state, entitled “Miscellaneous Corporations,” provides: “No such general law shall be passed by the legislature granting the right to construct and operate a street railroad within any city, town or incorporated village without first requiring the consent of a majority of the electors thereof.” Section 4, article 7, chapter 72, Compiled Statutes, provides that the question of the consent of a majority of the electors cf any municipality to the construction and operation ot a street railroad in jts limits should be determined by submitting the question to the electors of such municipality; and by section 5 of said article it was also provided that such election should be held in the same manner and at the same places as the general city elections, and the returns should be canvassed by the council of said city and the result declared; “and if a majority of the votes •cast at such election shall be in favor of the constructing
Writ denied.