State v. Wilson

• Decision Date: 18 February 1908
• Citation: 129 Mo. App. 242,108 S.W. 128
• Parties: STATE ex rel. MARTIN et al. v. WILSON et al.
• Court: Missouri Court of Appeals

108 S.W. 128

129 Mo. App. 242

STATE ex rel. MARTIN et al. v. WILSON et al.

St. Louis Court of Appeals. Missouri.

February 18, 1908.

1. ANIMALS — RUNNING AT LARGE — ADOPTION OF LAW.

Rev. St. 1899, c. 69, art. 2, § 4783 [Ann. St. 1906, p. 2588], relating to animals running at large, provides that the provisions of this article are hereby suspended until a majority of the legal voters of any county voting shall decide to enforce the same in such county, provided that only a majority of the legal voters voting on said question shall be necessary to decide its adoption or rejection. Section 4788 [page 2589] provides that any five townships of a county may join in a petition to restrain certain animals, and that said petitioners shall not be debarred of any right to restrain said animals if a majority of the qualified voters of said townships voting shall vote in favor thereof. Held, that where the proposition is voted on at the general election for county and state officers, in order to be adopted, a majority of those voting for the county and state officers must vote in favor of the proposition.

2. CERTIORARI — WHO ENTITLED.

A resident and owner of animals has such a personal interest as entitles him to apply for a writ of certiorari to review the election on a proposition to restrain animals from running at large.

Appeal from Circuit Court, Laclede County; L. B. Woodside, Judge.

Certiorari in the name of the state, on the relation of W. H. Martin and others, against William Wilson and others. From a judgment for relators, defendants appeal. Affirmed.

I. W. Mayfield, for appellants. Farris & Farris, for respondents.

BLAND, P. J.

At the general election held on November 6, 1906, the question of restraining certain stock from running at large was submitted to the qualified voters of Union, Washington, Lebanon, Auglaize, and Smith townships, in the county of Laclede, Mo. The returns of the election were duly canvassed, and the proposition to restrain sheep, swine, and goats from running at large in said townships was declared duly adopted, and to be in force from and after November 14, 1906, the date the notice of adoption was published. Relator, a citizen of the United States, a qualified voter under the laws of the state, and a resident of one of the townships named, presented his petition to Hon. L. B. Woodside, judge of the Laclede circuit court, alleging that the election by which it was claimed the stock law had been adopted in said townships was void, for the reason the statutory notice of said election had not been published as the law directs, and that the proposition was defeated for the further reason a majority of the voters voting at said election in said five townships did not vote in favor of said proposition, and asked that a writ of certiorari be issued and directed to the defendant justices of the county court of Laclede county, and the clerk thereof, commanding them to bring into the Laclede circuit court the election returns and all their books, papers and records concerning said election. The writ was duly issued and served on defendants, who appeared and moved the court to quash said writ. The motion to quash was overruled and they filed their return to the writ. The return shows:

"First: Number of votes cast at the general election November 6, 1906, for county and state officers in the various townships are as follows, to wit:

                Votes cast in Union township ................... 451
                Votes cast in Washington township .............. 290
                Votes cast in Lebanon township.................. 908
                Votes cast in Auglaize township................. 233
                Votes cast in Smith township.................... 148
                                                               _____
                   Total ......................................2,030
                

"Second: Number of votes cast at the general election November 6, 1906, on restraining sheep, swine and goats from running at large:

                                                 No. for      No. against
                                                 or Yes.

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