State ex rel. Schawacker v. Jones
State ex rel. Schawacker v. Jones
Opinion of the Court
On October 10, 1898, plaintiff filed the following petition in the circuit court of the city of St. Louis:
“The relator, Christ Schawacker, respectfully represents to this court that he is a citizen of the United States of America, a citizen of the state of Missouri, and a duly qualified voter of said city of St. Louis and state of Missouri.
“That he resides in and is duly registered as a lawful voter of said city in Ward No. 5 of said city. That on the first day of October, 1898, there was filed with the-defendants, as election commissioners of said city, a certain delegation purporting to be an entitled ‘Republican Delegation’ of the 5th Ward, accompanied by a petition, a copy of which is hereto attached, and made a -part of this petition. That said petition purports to be' signed by thirty-three legal and duly qualified voters of said Ward No. 5.
“That said signers of said petition were not at the time of signing said petition, nor are they now legally qualified voters of said ward, as contemplated by the statutes governing such matters in- this, to wit: That the following named persons whose names are signed to said petition .are not upon the registration lists of said ward, to wit: John Haase, 420 Second St.; William Bell, 420 S. Second St.; Edward Brown, 722 Clark Ave.; William Jones, 914 Market St.; Julius Gerlisch, 332 S. Eourteenth St.; William Jones, 914 Market St.
“That Charles Lee, who is alleged to reside at 28-J Targee St., and William Heard, who is alleged to reside at 30J Targee St., do not live in Ward No. 5, nor do they appear upon the register of said ward. .
“Wherefore your petitioner prays that this court may issue its alternative writ of mandamus to- said defendants commanding them to reject from 'said petition for the delegation known as the ‘Republican Delegation,’ the names of Willis Gibson, Walter White, William Heitman, and J. R. Franklin, who do not reside in the premises from which they are registered, and also commanding said defendants to erase or to remove from said petition the names of William Heitman, G. Costello, Ludwig Huebieh and Herman Floerke, or that defendants show cause why they will not do so.”
On the same day the relator and the defendants appeared in court by their respective attorneys, and the defendants in open court, waived the issuance and service of an alternative writ of mandamus, and by consent it was agreed that the petition might be regarded and treated, for all purposes, as an alternative writ; and the defendants filed their demurrer to the petition, treating said petition as an alternative writ, assigning for grounds of their said demurrer that said petition did not set forth nor contain facts sufficient to constitute a cause of action or to justify the issuing of, or to support an alternative writ in said causa On the same day the cause was submitted to the court on demurrer, which was overruled; defendant declining to plead further the court issued. a peremptory writ of mandamus, and handed down the following memorandum of its opinion: “We are both satisfied that the commissioners have no authority to permit any of
Appellants make the following assignments of errors:
1. The court erred in overruling the demurrer of the defendants to the petition of the relator, considered as an alternative writ of mandamus.
2. The court erred in granting a peremptory writ of mandamus in said cause.
3. The court erred in overruling the motion for a new trial.
The trial court was unquestionably x*ight in its opinion, that appellants as Election Commissioners of the city of St. Louis, had no authority nor right to permit any of the names to the petition filed with them to be withdrawn, for no such authority is given them by the election laws. The court, however, was in error in holding that Gibson, White, Heitman axxd Eranklin, were not qualified voters of the precinct in which they resided and in which they were registered as voters, for the reason that they had changed their place of residence in the precinct after they had been registered therein as qualified voters. Section 20, Acts of 1895, passed at the
(1) He must be a male.
(2) He must be a citizen of the United States, or he must, if of foreign birth,have declared his intention to become a citizen of the United States according to law, not less than one year nor more than five years before he offers to vote.
(3) He must be over the age of twenty-one years.
(4) He must have resided in the state one year next preceding the election at which he offers to vote.
(5) And during the last sixty days of said year he must have resided in the city where said election is being held.
(6) And during the last twenty days of the year he must have resided in the precinct at which he offers to vote.
The only other qualification prescribed by the act has reference to the registration of the voter, and is contained in the following words of the concluding clause of the section (20), to wit, “but shall not vote elsewhere than in the precinct where his name is registered and whereof he is registered as a resident.” The act provides for a registration of the voters in cities embraced within its terms and prescribes the form of the registration books to be used; this form has columns for the street and number of house of the voter’s residence, his name, nativity, color, term of residence, etc., evidently intended as means for his identification when he offers to vote. Immediately after a registration, the clerks of the boards of registration in each precinct are required to canvass the precinct for the purpose of verifying the registration; the street andnumberof the registered voter as shown on the registration books is a very valuable aid to the canvassers in verifying the correctness of the registration; but
Case-law data current through December 31, 2025. Source: CourtListener bulk data.