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STATE v. DISTRICT COURT

No. 9488.

275 P.2d 642 (1954)

STATE of Montana, ex rel. Sam W. MITCHELL, Secretary of State of the State of Montana, Relator, v. The DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT of the State of Montana, in and for the COUNTY OF LEWIS AND CLARK, and the Honorable George W. Padbury, Jr., a judge Presiding Therein, Respondents.

Supreme Court of Montana.

Decided October 16, 1954.

Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., Mr. William F. Crowley, Asst. Atty. Gen., Mr. Louis Forsell, Asst. Atty. Gen., Charles W. Leaphart, Jr., Asst. Atty. Gen., Arnold H. Olsen, Atty. Gen., and Louis Forsell, Asst. Atty. Gen. argued the case orally for relator.

Ralph J. Anderson, and Edmond G. Toomey, Helena, argued the case orally, for respondent.

ADAIR, Chief Justice.

Original application for a writ of prohibition.

At the general election held throughout the State of Montana on November 4, 1952, John E. Henry was duly elected to office as a member of the Montana railroad commission, for a full term of six years, to commence on the first Monday of January 1953. Thereafter he duly qualified and on January 5, 1953, took the office and entered upon the duties attendant thereto.

On July 20, 1954...

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