State Missouri v. Eugene Walsh Book Reviews

State Missouri v. Eugene Walsh by Supreme Court of Missouri En Banc Book Summary

This is an original proceeding in prohibition which seeks to prohibit respondent election boards from placing the name of
intervenor Storts on the Primary ballot as a candidate for the Democratic nomination for State Senator from the First Senatorial
District. The basis of such request is the contention that Storts, when he filed his declaration of candidacy on March 8,
1972, was not a resident of said district and that he did not comply with the requirement contained in Article III, §
6, of the Constitution of the State of Missouri, V.A.M.S. (Also § 21.070, V.A.M.S., which is identical in language
with Article III, § 6), that "Each Senator *** shall have been *** a resident of the district which he is chosen
to represent for one year, if such district shall have been so long established, and if not, then of the district or districts
from which the same shall have been taken." We make our rule in prohibition absolute. We issued our provisional rule on June 27, 1972, and directed that issues of fact raised by respondents' returns should be
heard by Judge Ninian M. Edwards, Presiding Judge of the Twenty-first Judicial Circuit, pursuant to Supreme Court Rule 97.04,
V.A.M.R. He was directed to make findings of fact and then make return of said proceedings to this Court. This has been done
and judge Edwards' findings and Conclusions certified to us are as follows:

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