State Missouri on Information John C‪.‬

In this original proceeding, the Attorney General of Missouri, herein referred to as the petitioner, filed an information in the nature of quo warrantor seeking a judgment of this court that J.B. ""Jet"" Banks, respondent, be ousted from the office of State Representative for the 54th Legislative District of Missouri. In addition to filing his return, respondent filed a motion to dismiss the information on the basis that this court lacked jurisdiction of the subject matter. The motion was ordered taken with the case, and a special commissioner was appointed to hear evidence and report his findings and Conclusions. His report has now been filed. Factually, it is agreed that respondent at the General Election held November 5, 1968, was a candidate for the State House of Repre-sentatives from the 54th Legislative District, was certified by the Secretary of State as having been elected, was given the oath of office and is presently serving as the legislator for said district. It was further stipulated that said district was located wholly within the City of St. Louis, and that 1615 Bredell Avenue is located in Richmond Heights, Missouri. Petitioner alleges that respondent has resided at the latter address, which is located within the 40th Legislative District, for many years and has never resided in the district from which he was elected. After an evidentiary hearing, the commissioner reached the same Conclusion.