State ex rel. Hurst v. Bassett
State ex rel. Hurst v. Bassett
Opinion of the Court
This proceeding* was instituted in the circuit court. Relator sued out a writ of certiorari, directing the judges of the county court of Barry county to return into the circuit court a complete transcript of the proceedings had in the county court with respect to the hearing of a petition for and ordering an election looking to the adoption of the local option law in the county outside of 'the city of Monett. Upon a return being .made thereto, the circuit court quashed the writ and relator prosecutes this appeal.
The argument urged against the regularity of the election relates entirely to the sufficiency of the published notice to the effect that an election would be held on a certain day thereafter. It is conceded that the notice was published for a sufficient length of time and in
“notice op special election.
“Whereas, the county court of Barry county, State of Missouri, convened in regular session at the court house in the city of Cassville, in the county of Barry, State of Missouri, on Monday, the 2nd day of October, A. D. 1905, ordered a special election submitting to the qualified voters of Barry county, State of Missouri, outside of the corporate limits of the city of Monett, in said Barry county, State of Missouri, a city having a population of twenty-five hundred inhabitants and more at the time of the presentation of the petition herein, to-wit, October 2, 1905, as shown by the last National Census (and the city of Monett was the only city in Barry county, State of Missouri, having a population of twenty-five hundred inhabitants at the date of filing of the petition herein, to-wit, October 2,1905, and such was so found by the court) the question whether or not spirituous and intoxicating liquors, including wine and beer, shall be sold within the limits of said Barry county, State of Missouri, lying outside of the city of M'onett, aforesaid, under and by virtue of an act of the Legislature of the State of Missouri, approved April 5, 1887, entitled ‘An act to provide for the preventing of the*368 evils of intemperance by Local Option in any county in this State by submitting the question of prohibiting the sale of intoxicating liquors, to the qualified voters of such county; to provide penalties for its violation and for other purposes.’
“And whereas, on the 2nd day of October an application by petition, signed by one-tenth and more of the qualified voters of Barry county, State of Missouri, who reside outside of the corporate limits of the city of Monett in said Barry county, State of Missouri, who are qualified to vote for members of the Legislature in said county and State, was presented to the county court of said Barry county, State of Missouri, praying that a special election be ordered to be held in said Barry county, State of Missouri, to determine whether or not spirituous liquors, including wine and beer, shall be sold within the limits of Barry county, State of Missouri, outside of the city of Monett, in said Barry county, State of Missouri.
“Said petition was duly considered by the county court of Barry county, State of Missouri, and it determined and adjudged that said petition was signed by one-tenth and more of the qualified voters of Barry county, State of Missouri, who reside outside the corporate limits of the city of Monett, who are qualified to vote for members of the Legislature in said Barry county, State of Missouri, and that the city of Monett in said Barry county, State of Missouri, was the only city in said Barry county, State of Missouri, that contained a population of twenty-five hundred inhabitants and more at the date of the presentation of said petition to the county court of said Barry county, State of Missouri, to-wit, October 2, 1905, and that the county court determined the population of the cities of Barry county, State of Missouri, by the last National Census, which was the last census taken in said county.
*369 “It was thereupon ordered by the county court of Barry county, State of Missouri, as follows:
“ ‘First. That a special election be, and the same is hereby ordered to be holden at the usual voting precincts for the holding any general election of State officers, except in the city of Monett in said Barry county, State of Missouri, a city having a population of twenty-five hundred inhabitants and more as shown by the last National Census on Wednesday, November 8, A. D. 1905, for the purpose of determining by the qualified voters of Barry county, State of Missouri, outside of the city of Monett, in said county, whether or not spirituous and intoxicating liquors, including wine and beer, shall be sold within the limits of said Barry county, State of Missouri, lying outside of the corporate limits of the city of Monett in said Barry county.
“ ‘Second. That said special election shall be held at the usual voting precincts for holding any general election of State officers in said Barry county, State of Missouri as follows: (Here follows a list of the voting precincts of the county.)
“ ‘Third. That the judges of said special election have been appointed by the county court of Barry county, State of Missouri, by order of record as follows: (Here MIoavs a list of the judges appointed for the several voting precincts.)
“ ‘Fourth. All persons voting at said special election who are against the sale of intoxicating liquors shall have written or printed on their ballots: ‘Against the sale of intoxicating liquors;’ and all those who favor the sale of intoxicating liquors shall have written or printed on their ballots: ‘For the sale of intoxicating liquors.’
“ ‘Fifth: That notice of said special election shall be given by publication in tiie Cassville Republican, a newspaper printed and published in the city of Cassville,*370 in said Barry county, State of Missouri, for the period of four consecutive weeks, twenty-eight days, the first publication to be in the issue of said Cassville Republican on Thursday, October 5, 1905, the second publication in the issue of the same paper on Thursday, October 12, 1905, the third publication to be in issue of Thursday, October 19, 1905; the fourth publication to be in the issue of Thursday, October 26, 1905 and the last publication to be in the issue of Thursday, November 2, 1905, so that the last insertion shall be within ten days next before said special election; that said notice of said special election shall be signed by the presiding judge of the county court of Barry county, State of Missouri, and attested by the clerk of the county court of said county under the seal of the county court of Barry county, State of Missouri.
“ ‘Sixth. Said special election shall be conducted, the returns thereof made and the result thereof ascertained and determined in accordance in all respects with the laws of the State of Missouri governing elections for county officers.
“ ‘Seventh. That at said special election aforesaid no one shall be allowed to vote who is a resident of the city of Monett in said Barry county, State of Missouri, or who is not a qualified voter in Barry county, State of Missouri, qualified voters residing in Monett township and outside the corporate limits of the city of Monett, will vote at the usual voting precincts as herein designated at the city of Monett.
“ ‘Jambs H. Pratt,
“ ‘Attorney for Petitioners, Neosho, Missouri.
“ ‘In Testimony Whereof, we have caused this notice of election to be signed by the presiding judge of the county court of Barry county, State of Missouri, and attested by the clerk of said court, and the seal of said court to be affixed thereto.
*371 “ ‘Done at the city of Cassville, in Barry county, State of Missouri, this 2nd day of October, 1905.
“ ‘Hugh Bassett,
“‘Presiding Judge of the County Court of Barry County, Missouri.
‘“C. D. M'anley,
“ ‘Clerk of the County Court of Barry County, Missouri.’ ”
Our statute providing for notice of an intended local option election does not afford a particular form therefor, nor does it enumerate any particular characteristic essential thereto, as will appear by consulting the statute, as follows:
“Sec. 3029. Notice of Election; How Owen. — Notice of such election shall be given by publication in some newspaper published in the county, and such notice shall be published in such newspaper for four consecutive weeks, and the last insertion shall be within ten days next before such election, and such other notice may be given as the county court of municipal body ordering such election may think proper, in order to give general publicity to the election.”
It is very true the notice did not say in express words that the election would be held on a certain date, and as said before, the argument by which its sufficiency is challenged, relates to this matter only. Relator’s counsel say: “We contend that notice should have been given stating specifically and unequivocally that on a certain date the election will be held for the purpose,” etc. This argument is entirely without merit. The notice as formulated and published, was certainly sufficient to inform the general public that an election for the purpose therein stated would be had and held in each of the several precincts of Barry county, outside of the city of Monett, on November 8, 1905. It will be observed that its headline in capital letters, proclaims “Notice of a Special Election,” after which it proceeds to recite
The judgment is affirmed. It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.