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285 U.S. 380

Carroll v. Becker

Supreme Court of the United States

Argued March 24, 1932.

Decided April 11, 1932.

Supreme Court of the United States · decided 1932-04-11

2 counsel of record

Relies on Smiley v. Holm · State Ex Rel. Carroll v. Becker · United States v. Commercial Credit Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · 8–0 · Decided 1932-04-11

How this case has been cited

Cited by 48 later decisions (12 by the Supreme Court) — most recently January 2018 · most notably Baker v. Carr (1962), Wesberry v. Sanders (1964)

3 federal appellate · 3 district · 9 state decisions

250193219401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Messrs. Edward F. Collada-y and Hyman G. Stein for petitioner.

¶2*381.Mr. Ray Weightman, Assistant Attorney General of Missouri, with whom Messrs. Stratton Shartel, Attorney General, and L. Cunningham were on the brief, for respondent.

¶3Mr. Chief Justice Hughes

¶4delivered the opinion of the Court.

¶5The State of Missouri, under the reapportionment of representatives in Congress (Act of June 18, 1929, c. 28, 46 Stat. 21, 26) is entitled to thirteen representatives in place of sixteen as theretofore. The petitioner brought this proceeding to obtain a writ of mandamus to compel the Secretary of State of Missouri to file a declaration of the petitioner’s candidacy for the office of representative in Congress in one of the congressional districts alleged to have been created by a bill passed by the House of Representatives and the Senate of Missouri in April 1931. An alternative writ was issued, and respondent, Secretary of State, alleged in his return that the bill in question had been vetoed by the Governor and hence had not become a valid law of the State. The Supreme Court of the State, in the view that Article I, section 4, of the Federal Constitution, provided for the enactment *382of laws, upheld the action of the Secretary of State and quashed the alternative writ. The court also decided that “ since the number of representatives for Missouri has been reduced- the former districts no longer exist and representatives must be elected at large.” 45 S. W. (2d) 533. A writ of certiorari was granted by this Court.

¶6' The questions are substantially the same as those which were presented in Smiley v. Holm, decided this day, ante, p. 355, and the judgment is affirmed.

¶7Judgment affirmed.

¶8Mr. Justice Cardozo took no part in the consideration or decision of this case.

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