THE STATE OF KANSAS, on the relation of John Anderson, Jr., Attorney General, Plaintiff,
v.
PAUL R. SHANAHAN, Secretary of State, State of Kansas, Defendant.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Opinion filed July 7, 1958.
Opinion filed July 7, 1958.
Attorney(s) appearing for the Case
John Anderson, Jr., attorney general, argued the cause, and Richard E. Pringle, assistant attorney general, and Charles N. Henson, Jr., assistant attorney general, were with him on the briefs for the plaintiff.
Philip E. Buzick, of Topeka, argued the cause, and Robert L. Webb, Ralph W. Oman, Robert A. McClure, James D. Waugh, and Edward B. Converse, all of Topeka, were with him on the briefs for the defendant.
Jay W. Scovel, Thomas R. Scovel, and Robert K. Scovel, all of Independence, filed a brief amici curiae for Kansas Cooperative Dairy Products Association, Kansas Farm Bureau, Kansas for the Right to Work, Kansas Livestock Association, Kansas Society Daughters of the American Revolution, Kansas State Chamber of Commerce, and Kansas State Grange.
F.C. Bannon, of Leavenworth, William M. Beall, of Clay Center, Jerry E. Driscoll, of Russell, W.D. Jochems, of Wichita, T.M. Lillard, of Topeka, L.A. McNalley, of Minneapolis, D.C. Martindell, of Hutchinson, Raymond Rice, of Lawrence, and W.H. Vernon, of Larned, filed a brief amici curiae as members of the bar of this court.
Robert L. Kimbrough, of Topeka, Harry C. Clark, of Kansas City, Mo., and John C. Frank and Milton Zacharias, both of Wichita, filed a brief amici curiae for the Kansas State Federation of Labor, AFL-CIO.
Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Russell Cranmer, Dale B. Stinson, Jr., Cliff W. Ratner, William L. Fry, A. Wayne Murphy, Bernard V. Borst, D. Clifford Allison, Gerald D. Lassell, and Edmund R. Learned, all of Wichita, filed a brief amici curiae for the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; Chauffeurs, Teamsters and Helpers Local 795.
Supreme Court of Kansas.
The opinion of the court was delivered by
ROBB, J.:
This is an original proceeding in quo warranto brought by the state of Kansas, on the relation of the attorney general, seeking to have the court inquire into the intended action of the defendant in, and to oust him in his official capacity from, publishing the proposed amendment to the constitution of the state of Kansas which is embodied in House Concurrent Resolution No. 20 adopted by the Kansas...
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