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writ of mandamus
10-26-11



The jurisdiction of Christian Louboutin Outlet the court does not so much depend upon whether the duty Is prescribed by the Legislature instead of the Constitution as it does upon the nature of the duty imposed. Sutherland v. GovernorMichAm. RepAmbler v. Auditor GeneralMich Nor are the duties required of respondent by tliis section of the Constitution political in their nature. They are certainly no more political than are the conditions precedent to the submission of a constitutional amendment to a vote of the people or the canvassing of such vote after It has been submitted. In regard to each of those matters the jurisdiction of the court has been upheld. Rich v. Board of CanvassersMichN. WLivingstone v. Wayne Election CommissionersMichN. W And see Ayers v. StateAuditorsMichN. WBeakes v. Board of State CanvassersMichN. WIt Is also objected that the relators have no such interest as entitles them to institute these proceedings. But as was pointed out in Ayers v. State Auditors supra that is a matter of discretion on the part of the court and not of law. And whether the Attorney General was requested to act as averred in relators petition or not the very able brief filed by him in these proceedings is so adverse to relators contentions that it must be assumed he could not well have done so. The relators are electors of this state interested in the proper administration of the law; and under the circumstances of this case and the public Importance of the questions raised the objection to their instituting these proceedings will not be sustained. Under the referendum clause of the Constitution onefifth of the electors of the state may suspend the operation until the next general election of any act of the Legislature however important except acts making appropriations and such as are immediately necessary for the preservation of the public peace health and safety. And as in this case such suspension may be for more than a year. Christian Louboutin Outlet Where a power so great as this Is vested in a Nike Air Max 90 minority of the people every safeguard provided by law against its irregular or fraudulent exercise should he carefully maintained. Coach Outlet Store Online It Is true that no issues have been framed to determine the Coach Outlet Store Online truth or falsity of the charges of fraud made by relators In this case. This is because respondent Is not given any power to investigate those charges and mandamus will issue only to compel the performance of a plain legal duty. He must canvass the petition as it is filed in his office and can look no further. But he should be careful to see that Its various sections comply with the requirements of the Constitution fairly and reasonably construed. Whatever other purpose these requirements may have it is plainly to be seen that each and every one was intended to safeguard the honesty of the petition. And each and every one Is mandatory Nike Shoes Australia and must be compiled with. The sections of the petition must come to the secretary of state from the various county clerks of the counties in which the sections were circulated. The secretary of state has no authority to receive and Nike Air Max act upon a petition Nike Australia received from any other source. And those various sections must have been filed with the county clerks of the counties in which they were circulated. The secretary of state has no authority to receive sections that have not been so filed. And all sections of the original petitions circulated in any county must have been filed at the same time. These are plain requirements of the Constitution. Whether sections forwarded to the secretary of state by a county clerk will be presumed to have been rightly received and filed by the latter In the absence Coach Outlet Store Online

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