(Download) "Mcfadden V. Jordan" by Supreme Court Of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mcfadden V. Jordan
- Author : Supreme Court Of California
- Release Date : January 03, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Petitioner asks that this court by writ of mandate direct respondent Secretary of State of California not to submit to the electors, at the general election to be held on November 2, 1948, a "purported initiative amendment" to the state Constitution and "not to certify it to the Registrars of Voters and County Clerks in the State, and . . . to desist from any act in aid of the submission of said purported initiative amendment to the electors." Since the issuance of the alternative writ the proponents of the measure, as intervenors, have filed, as in the nature of a return, a general demurrer, motion to strike, and an answer to the petition, and the attorney general, on behalf of respondent, has filed, by way of a return, a demurrer and answer. As will appear from the text which follows, the issues raised by the answers and by the motion to strike are immaterial in relation to the ground of our decision, and, hence, are not discussed in detail. From an examination of the proposed measure, itself, considered in relation to the terms of our Constitution as now cast, we find it clear beyond question that, as urged by petitioner, the proposed initiative enactment amounts substantially to an attempted revision, rather than amendment, of our state Constitution; and that inasmuch as the Constitution specifies (art. XVIII, § 2) that it may be revised by means of a constitutional convention but does not
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