State v. Dye

• Citation: 163 S.W.2d 1055
• Decision Date: 29 July 1942
• Docket Number: No. 6406.,6406.
• Parties: STATE ex rel. DODD et al. v. DYE, County Clerk.
• Court: Court of Appeal of Missouri (US)

163 S.W.2d 1055

STATE ex rel. DODD et al. v. DYE, County Clerk.

No. 6406.

Springfield Court of Appeals. Missouri.

July 29, 1942.

"Not to be published in State Reports".

Original proceeding in mandamus by the State, at the relation of Charles M. Dodd and others, against H. M. Dye, to compel respondent as county clerk of Pulaski County, Mo., to print the names of relators on the official ballot as republican candidates for designated offices at the primary election to be held on August 4, 1942, in Pulaski County, Mo.

Alternative writ made peremptory.

Bradshaw & Fields, of Lebanon, for relators.

Edward Cusick and H. O. Eldredge, both of Waynesville, for respondent.

SMITH, Judge.

This is a proceeding in mandamus to compel respondent to print the names of relators on the official ballot as republican candidates at the approaching Primary Election to be held on Tuesday, August 4, 1942 in Pulaski County, Missouri. Our alternative writ was issued and the respondent made return. Oral arguments were heard by this court on Friday, July 24, 1942. This court being of the opinion that relators' names were entitled to places on the ballots for the Primary Election delivered a per curiam on July 24th, ordering that the alternative writ be made peremptory, and that a written opinion should follow. In this we followed the case of State ex rel. Preisler v. Woodward et al., 340 Mo. 906, 105 S.W.2d 912.

From the pleadings in this case, we find that the relators were all residents of Pulaski County, and seeking nomination for the following offices; Chas. M. Dodd, for clerk of the Circuit Court; T. J. Turpin, Collector of the Revenue; Artie Ferguson, County Treasurer; Levi Thornsberry, Presiding Judge of the County Court; Allen Elder, clerk of the County Court; Floyd H. Black, Judge of the County Court for the western district; John H. Cain, Judge of the County Court for the eastern district; Lile Cox, Constable of Cullen Township; W. D. Long, Committeeman for Tavern Township; Dr. Clyde Miller, Committeeman for Cullen Township; Mrs. Nell Miller, Committee-woman for Cullen Township.

It is not necessary to set out the pleadings. The case was submitted to us on an agreed statement of facts, which, caption and signatures omitted, is as follows:

"Subject to the approval of the Court, it is stipulated by and between the parties hereto as follows, to-wit:

"1. That on June 5, 1942, the relator Charles M. Dodd deposited his declaration in form as alleged in the alternative writ for circuit clerk and ex officio recorder of deeds of Pulaski County, Missouri, on the Republican ticket to be voted on at the primary election to be held in said county on August 4, 1942; and that the said relator Dodd signed his said declaration and on said date the respondent County Clerk endorsed on the back thereof the following words, `Filed June 5, 1942, H. M. Dye, County Clerk.'

"2. That on June 5, 1942, and at the same time the said relator Dodd filed his declaration, the said relator Dodd also deposited with respondent County Clerk the purported declarations of all the other relators for the offices stated in the alternative writ, said declarations being in form similar to the declaration of the relator Dodd except as to the office stated therein and the name of the particular relator, and except that the other relators had not themselves signed said purported declarations and that the names of all of said other relators on said purported declarations were signed by the relator Dodd and that the other relators were not present at the time of the filing of the same.

"3. That on said date the respondent County Clerk endorsed on the back of said purported declarations the following words, `Filed June 5, 1942. H. M. Dye, County Clerk'.

"4. That no receipts were filed with and at the time of the filing of the declaration of the relator Dodd, and that no receipts were filed with and at the time of the filing of the said purported declarations of the other relators showing that they paid any fees to the Treasurer of the Pulaski County, Missouri Central Committee of the Republican Party.

"5. That receipts bearing the date of June 1, 1942, signed by L. A. Pummill, Treasurer of said Republican Central Committee, were deposited by the said L. A. Pummill with the respondent County Clerk on July 3, 1942, as follows:

                John Cain ........................ $2.50
                Floyd H. Black ...................  2.50
                Charles M. Dodd ..................  5.00
                T. J. Turpin .....................  5.00
                (Mrs.) Artie Ferguson ............  5.00
                Allen Elder ......................  5.00
                Levi Thornsberry .................  5.00
                

and that the parties named in...