Barkley v. Pool’s Empirical Analysis

Citation profile

13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is reasonable to suppose that the makers of the constitution would anticipate that petitions might be presented not in compliance with the requirements of the law — petitions invalid for fraud, and other reasons. They would anticipate that questions would arise which are judicial questions, not proper to be decided by a state official acting only in a ministerial capacity. In the absence of any provision in the constitution, besides the one above quoted, touching the time of the referendum election, a difficult question might arise, however, as to just when and to what extent the courts might interfere by mandamus or injunction. In this case there are other provisions of the constitution which need to be considered. Section ID of the amendment (Const., art. Ill) contains this language: ‘This amendment shall be self-executing, but legislation may be enacted especially to facilitate its operation. In submitting petitions and orders for the initiative and the referendum, the secretary of state and all other officers shall be guided by this amendment and the general laws until additional legislation shall be especially provided therefor’. The ordering of a referendum suspends the operation of a law until approved by the voters. Section 1C. Following the adoption of the amendment, a law was passed providing that ‘ any citizen’ could obtain a writ of mandamus to compel the secretary of state to file a petition if he wrongfully refused to do so; and also providing that, ‘on a sh”

   1 later decision quote this exact passage
   e.g. Zimmerman v. Hoss

2. “if the time required for determining the validity of the petition in court extends to a date beyond that of the next ensuing election, it must be held that, by necessary implication, it was not the intent of the Constitution that either those who petition for a referendum or the objectors to the petition should thereby be defeated of their rights, but that the referendum vote should be had as early as it can be had, awaiting the judgment of the court.”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Labedz v. Beermann

3. “the constitutional provision relating to referendum petitions, which provides that “elections thereon shall be had at the first regular state election held not less than thirty days after such filing,” is mandatory, and that therefore such election must be had upon the day named or not at all.”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Labedz v. Beermann