State Constitutional Law in 1948–49

The ever-increasing volume of litigation in state courts has made it necessary to exclude this year all decisions of courts other than those of last resort. In addition, with respect to subjects such as “police power” and “equal protection,” where classification or analysis of the decisions would require space out of all proportion to their importance, only a listing of the subjects involved in the case is attempted. The cases fall generally into the pattern used last year.I. GOVERNMENTAL ORGANIZATION1. Special Constitutional Provisions. The effective date of a new constitutional amendment was the subject of two decisions this year. In one, the amendment extending the term of office of county attorneys from two to four years was approved at a general election in which county attorneys were elected. The court held that the officers elected then were elected for the longer term, even though the amendment by its own terms did not become operative until the January following the election. This was so, even though the required local notice of the amendment omitted the effective date, since full state-wide notice was published by the secretary of state. The other case holds that the amendment becomes effective on the date of the canvass of votes rather than on the date of the election. Here, too, there were irregularities in the published notice in that it was not published in all counties on the same days and minor inconsistencies appeared in the printed versions. The court held that the purpose of notice had been substantially served.