State ex rel. Adkins v. Lien

Citations

• 9 S.D. 297
• 68 N.W. 748
• 1896 S.D. LEXIS 159

Syllabus

<p>1. Const. Art. 9, Seo. 2, provides that in counties already organized, where the county seat has not been located by a majority vote, the county board shall submit the location of the county seat to the electors of said county at a general, election. Held, that a citizen of the United States who is a resident freeholder, taxpayer and elector of the county has such interest In the matter as entitles him, as relator, to apply for a writ of mandamus to compel such board to perform the duty prescribed by such section.</p> <p>2. Const. Art. 9, Sec. 2, provides that in counties already organized, where the county seat has not been located by a majority vote, it shall be the duty of the county board to submit the location of the county seat to the county electors at a general election, and that the place receiving the majority of all votes cast will be the county seat. Held, that Laws 1890 Chap. 64, Sec. 1, in so far as it requires the presentment of a petition to the board of county commissioners in cases where the county seats have not been located by a majority vote, in order to entitle or require such board to act, is in conflict with such constitutional provision.</p>