Opinion

State Ex Rel. Ellis v. Brown

  • 326 Mo. 637
  • 33 S.W.2d 109
  • 1930 Mo. LEXIS 727
Court
Supreme Court of Missouri
Filed
Oct 17, 1930
Status
Published
Author
Atwood
On the bench
Ragland, Gantt, Walker, White, Blair, Frank, Ahuood, Atwood
Cited by
3 cases
Authority
More cited than 40.6%

The opinion

ATWOOD, J.

(dissenting). — The reasons suggested in my dissenting opinion filed in the companion case of State ex rel. Ellis v. Brown, 326 Mo. 627 , 33 S. W. (2d) 104 , apply to the construction given by the majority opinion herein to Section 29 of the same act.

The majority opinion in this case further suggests that if the provisions of this section are construed as mandatory some honest voters may be disfranchised. In State ex rel. v. Mason, 155 Mo. 486 , we upheld a more stringent provision requiring voters to reside twenty days in the precinct before voting. Whether or not the contemplated benefits of the statute outweigh possible hardships thereunder is a matter for legislative rather than judicial determination.

I respectfully dissent.

Blair

and

Frank, JJ.,

concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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