State ex rel. Cranmer v. Thorson

Citations

• 9 S.D. 149
• 33 L.R.A. 582
• 68 N.W. 202
• 1896 S.D. LEXIS 123

Syllabus

<p>1. Under Laws 1891, Chap. 57, § 12, providing that “whenever any proposed constitution or constitutional amendment or other question is to be submitted to the people of the state for popular vote, the secretary of state shall * * * certify the same to the auditor of each county in the state,” it is the duty of the secretary to certify a question directed by the legislature as to whether a provision of the constitution 'shall be repealed, though an affirmative answer by the people would not affect the constitution.</p> <p>2. Injunction will not lie at the instance of a taxpayer and elector to enjoin the submission to the vote of the people of a constitutional amendment because the submission is invalid, as such taxpayer would receive no substantial injury from such submission.</p> <p>3. Courts have no jurisdiction to prevent the submission to the people, as directed by the legislature, of a question involving an amendment to the ■ constitution, by enjoining the secretary of state from certifying the question to the county auditors, as such action would be an unwarranted interference with the legislative authority.</p>