State ex rel. Morgan v. Cnty. Comm'rs of Nemaha Cnty.
| Citation | 4 N.W. 373,10 Neb. 32 |
| Parties | THE STATE OF NEBRASKA EX REL. ALEX. W. MORGAN v. THE COUNTY COMMISSIONERS OF NEMAHA COUNTY. |
| Decision Date | 05 February 1880 |
| Court | Supreme Court of Nebraska |
OPINION TEXT STARTS HERE
Original application for writ of mandamus.
O. B. Hewitt and T. L. Shick, for relator.
J. H. Broady, for respondent.
This is an application for a peremptory writ of mandamus to compel the board of county commissioners of Nemaha county to call a special election for the purpose of submitting to the electors of that county the question of relocating the county seat. The petition alleges that on the eleventh day of October, 1879, the petitioners herein presented to the board of county commissioners of said county a petition signed by 1109 electors of said county, asking said board to call a special election for the purpose of submitting to the people of said county the question of the relocation of the county seat; that the petition contained, in addition to the names of the petitioners, the section, township and range on which, or town or city in which, the petitioners reside, their ages and time of residence in the county; that one of said signers was not an elector, and another had signed the petition twice; that the whole number of votes cast at the general election in said county in November, 1878, was 1776, and that the number of signers of said petition exceeded three-fifths of said number; that said board of commissioners, after receiving said petition, did arbitrarily, and without legal cause or excuse, and against the protests of the petitioners, refuse to count or consider all the names of said signers, but rejected therefrom 33 names, and also rejected the names of four of said signers upon the ground that they were disqualified, without any evidence of disqualification whatever, and afterwards refused to act upon said petition or call said election.
Section 1 of the act “to provide for the relocation of county seats,” approved February 24, 1875, provides that “whenever the inhabitants of any county are desirous of changing their county seat, and upon petitions therefor being presented to the county commissioners, signed by resident electors of said county, equal in number to three-fifths of all the votes cast in said county at the last general election held therein, said petition shall contain, in addition to the names of the petitioners, the section, township and range on which, or town or city in which, the petitioners reside, their ages and time...
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