State v. Cloud

• Decision Date: 25 May 1908
• Parties: STATE ex rel. BOWLAND v. CLOUD.
• Court: Missouri Supreme Court

111 S.W. 8

212 Mo. 481

STATE ex rel. BOWLAND v. CLOUD.

Supreme Court of Missouri.

May 25, 1908.

COUNTIES—TREASURERS—ELIGIBILITY.

Under the express terms of Laws 1907, p. 449, fixing the terms of county treasurers, commencing with the election in 1908, at four years, and making one ineligible to succeed himself, which act amends Rev. St. 1899, § 6764 (Ann. St. 1906, p. 3330), making the terms two years, and making one ineligible for more than two terms, an incumbent, at the time of the enactment of the 1907 act, is eligible for reelection in 1908.

In banc. Mandamus proceedings by state of Missouri, on relation of Robert A. Bowland, against W. B. Cloud. Peremptory writ awarded.

This is an original proceeding, instituted in this court by the relator and against the respondent, as clerk of the county court of Greene county, to compel the latter to file the declaration of the former as a candidate for the office of treasurer of that county on the Republican ticket, in compliance with an act of the Legislature of 1907, entitled "An act to provide for party nominations by direct vote." Laws of Missouri, 1907, p. 264, § 5. The petition and alternative writ of mandamus states, in substance, that the relator, on April 22, 1908, with a view to placing himself upon the official ballot of said Greene county, Mo., as the candidate for the office of treasurer on the Republican ticket, signed and verified the declaration required by law, giving his full name and residence, designating the office for which he proposes to be a candidate, and the date of the primary election at which his claims are to be submitted, and named the party upon whose ticket he is to be a candidate, which affidavit and declaration are in the form prescribed by the section of the act mentioned. Relator further states that on the 22d day of April, 1908, he presented to the said W. B. Cloud, as such clerk, at his office, the said declaration, with the view of having the same filed, and with the view of having his name printed on the official ballot, so as to have submitted his claims for nomination as county treasurer on the Republican ticket at the primary election, to be held on the said first Tuesday in August, 1908. Relator further states that said W. B. Cloud, as such clerk, refused to accept said declaration, and refused to file the same, and refused to mark the same filed, and refused to consider relator as a candidate for such office, and refused to publish his name on said official ballot, for the alleged reason that the relator is not eligible to said office. Relator states that on said pretext the said clerk returned to petitioner the said declaration, with the following indorsement thereon: "Springfield, Missouri, ...