State ex rel. Carroll v. Becker

• Decision Date: 04 January 1932
• Docket Number: No. 31668.,31668.
• Citation: 45 S.W.2d 533
• Parties: THE STATE EX REL. JOHN J. CARROLL v. CHARLES U. BECKER, Secretary of State.
• Court: Missouri Supreme Court

45 S.W.2d 533

THE STATE EX REL. JOHN J. CARROLL v. CHARLES U. BECKER, Secretary of State.

No. 31668.

Supreme Court of Missouri, in Banc.

January 4, 1932.

Mandamus directed to Secretary of State.

ALTERNATIVE WRIT QUASHED.

Hyman G. Stein for relator.

(1) Mandamus lies to compel the Secretary of State to file one's written declaration of candidacy for a public office to be voted for at a primary election. State ex rel. Maring v. Swanger, 212 Mo. 472; State ex rel. Stokes v. Roach, 190 S.W. 277; State ex rel. Halliburton v. Roach, 230 Mo. 478. (2) The authority of the Legislature to redistrict the congressional districts of the State is derived from Article I, Section 4 of the Constitution of the United States. "The times, places and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations except as to the places of choosing Senators." McCrary on Elections (4 Ed.), secs. 153, 154, 155; Baldwin v. Trowbridge, 2 Bartlett, 46; State of Minnesota ex rel. Smiley v. Holm, decided by the Supreme Court of Minnesota October 9, 1931. (3) The word "Legislature" as used in Article I, Section 4, of the Federal Constitution, is to be interpreted in accordance with its meaning as of the time of the adoption of the Constitution. 1 Cooley's Constitutional Limitations, 123; Hawke v. Smith, 253 U.S. 221; Scott v. Sanford, 60 U.S. 393; 12 C.J. 718. (4) The Legislature, in redistricting the State, acted exclusively under Article I, Section 4, of the Federal Constitution, and was not strictly in the discharge of legislative duties as a law-making body, but was acting as a mere agency to discharge that particular duty and, the Governor's veto having no relation to such matters, is without effect. State ex rel. Smiley v. Holm, supra. (5) The Act of August 8, 1911, is no longer effective. State ex rel. Smiley v. Holm, supra. (6) Sections Three and Four of the Act of Congress of August 8, 1911, are unconstitutional and void. (7) Relator has all of the qualifications required of a representative in Congress, by Article I, Section 2, of the Federal Constitution, and is entitled to be a candidate for the nomination and election to such office, and the respondent's refusal to accept relator's declaration of candidacy for such office violates relator's rights under said Article I, Section 2, and also in violation of the Fourteenth Amendment to the Federal Constitution, abridges the privileges and immunities of relator, and deprives him of the equal protection of the laws of Missouri and of the United States.

Stratton Shartel, Attorney-General, and Ray Weightman, Assistant Attorney-General; L. Cunningham of counsel.

(1) The times, places and manner of holding election for Representatives shall be prescribed in each State by the Legislature thereof, but the Congress may at any time by law make or alter such regulations. Sec. 4, Art. I, U.S. Constitution. There is no doubt of the power of Congress over the election of Representatives, and when it is exercised, it is exclusive and complete. Ex parte Siebold, 100 U.S. 371; United States v. Gradwell, 243 U.S. 481. The Congress by act of August 8, 1911, and particularly Sections 3 and 4 of that act, provided for the division of the States into Congressional districts in the manner provided by the laws of the State and in accordance with the rules set out in Section 3 that they be composed of contiguous and compact territory and containing as nearly as practicable an equal number of inhabitants. Sections 3 and 4 of the act of Congress, August 8, 1911, have not been repealed and are in full force and effect, the opinion of the Supreme Court of Minnesota in the case of Smiley v. Holm, which is relied upon by the relator, notwithstanding. Where the existence of a statute is brought in question, the courts may examine the legislative proceeding to ascertain the facts as to what was actually done, and the intention of the legislative body. Ruckert v. Grand Avenue Ry. Co., 163 Mo. 260; State ex rel. v. State Highway Commission, 42 S.W. (2d) 202. The Supreme Court of Minnesota overlooked or ignored the proceedings in Congress when the act of June 18, 1929, was under consideration. An examination of the Congressional record establishes the fact that the Congress had no intention of repealing Sections 3 and 4 of the act of August 8, 1911, and that in fact the act of June 18, 1929, was only intended to provide for the taking of the 1930 census and the apportionment of the number of Representatives to which each State would be entitled under that census. (2) The applicable and controlling decision of the Supreme Court of the United States is State of Ohio ex rel. Davis v. Hildebrant, 241 U.S. 565, 60 L. Ed. 1172, 114 N.E. 55, 94 Ohio.St. 154, which holds that the districts should be established and created by the states in the manner required by the Constitution and laws of the State and that such districts should be created by law, and that such law was subject to the initiative and referendum provision of the Constitution. (3) Long-continued interpretation of the Constitution or of laws, followed by unanimous consent, should not be lightly disregarded by the court, but furnish a safe guide as to what was originally intended. State ex rel. Barrett v. First Nat. Bank, 297 Mo. 397, 249 S.W. 619, affirmed, First Nat. Bank v. State of Missouri, 263 U.S. 648, 68 L. Ed. 486; Lefman v. Schuler, 317 Mo. 671, 296 S.W. 808; State ex inf. Majors v. Breuer, 235 Mo. 240. (4) The General Assembly of Missouri is not the sole depository of legislative power; a part of such power is vested in the Governor; a part of it has been reserved to the people by the initiative and referendum; and all of the legislative acts of the General Assembly are limited by the Constitution of the State. Sec. 1, Art. IV; Sec. 24, Art. IV; Sec. 25, Art. IV; Sec. 38, Art. IV; Sec. 39, Art. IV; Sec. 57, Art. IV; Sec. 12, Art. V; Sec. 14, Art. V, Constitution of Missouri; Nichols v. Robinson, 277 Mo. 483, 211 S.W. 11; State ex rel. Lashly v. Becker, 290 Mo. 560, 235 S.W. 1017; State ex rel. Barrett v. Dallmeyer, 295 Mo. 638, 245 S.W. 1066. Limitations placed on the legislative power by the Constitution are mandatory. State ex rel. v. Public Service Commission, 270 Mo. 429, 192 S.W. 958; State ex rel. v. Public Service Commission, 301 Mo. 179, 257 S.W. 462. The General Assembly cannot restrict the powers granted to the Governor by the Constitution. State ex rel. v. Wright, 251 Mo. 325. The Constitution of Missouri is the chart for the guidance of the executive, judicial and legislative branches of our government. It is a grant of power in some instances but constitutes a limitation on the power of the General Assembly. State ex rel. v. St. Louis, 319 Mo. 497, 5 S.W. (2d) 1080; State ex rel. v. Burton, 266 Mo. 711, 182 S.W. 746.

WHITE, J.

A proceeding by mandamus to compel the Secretary of State to receive and file the relator's declaration of his candidacy for Congress of the United States. The petition recites portions of the Act of Congress, 1929, providing for the fifteenth and subsequent decennial censuses, and authorizing the President to transmit to each state a message designating the number of members of Congress apportioned to such state, in accordance with such census. It sets out a message of the President to Congress in pursuance of Section 22 (a) of that act, stating that Missouri is entitled to thirteen representatives in Congress; sets out a bill introduced in the Fifty-sixth General Assembly of the State of Missouri redistricting the State into thirteen congressional districts, the Tenth District thereof comprising certain wards and precincts in the city of St. Louis; that said bill duly passed the Senate and the House and was disapproved by the Governor in a veto message.

The relator, claiming that the redistricting of the State was authoritatively complete without the Governor's approval, sought to file his declaration as a candidate for the nomination on the Democratic ticket for Congressman from the said Tenth District, and the respondent Secretary of State refused to receive or file his declaration.

The above facts are admitted by respondent's return.

The case is submitted on relator's motion for judgment on the pleadings.

I. The relator asserts the validity of the redistricting act and his right to file as a candidate for the nomination on the Democratic ticket from that district, under Section 4, Article I, of the Constitution of the United States, as follows:

"The times, places and manner of holding elections for Representatives shall be prescribed in each State by the Legislature thereof, but the Congress may at any time, by law, make or alter such regulations."

The point made by relator is that the word "legislature" in that section means the members comprising the legislative body acting in a ministerial capacity and does not mean the law-making power of the State, which includes the Governor as well as the legislative body. It is pointed out in the argument Legislature: that the word "legislature" occurs many times in Law-Making the Federal Constitution and in some of them, Power. obviously from the context, it has the restricted meaning claimed for it here. Section 3, Article I, of the Federal Constitution provides that the senators of the United States in each state shall be "chosen" by the legislature thereof. Article V of the Constitution provides that an amendment to the Constitution shall be "ratified by the legislature of three-fourths of the several states." Those are instances where the word "legislature" does not mean the law-making power of the State. The election of a United States senator is merely by a vote; no law is enacted. Ratifying an amendment to the Federal Constitution likewise is a voted approval by the legislature; it is not the discharge of a...