50-126. Legislature; convening; failure of Secretary of State or Governor to act; penalty.

Any Secretary of State or any Governor who shall refuse or neglect punctually to perform the duties enjoined upon them or either of them, by section 50-125, shall be deemed guilty of an act of malfeasance which works a forfeiture of office. Upon complaint of any legislator or elector of the state the Attorney General shall forthwith file an information in quo warranto against said officer as an original action in the Supreme Court of the state, without bond for costs. If it shall appear from the showing made that the officer so offending failed punctually to perform said duties, or any of them, a judgment shall be rendered that said officer so offending be ousted, and also that he pay the costs of the proceeding.

Source:Laws 1937, c. 117, § 3, p. 420; C.S.Supp.,1941, § 50-119; R.S.1943, § 50-126.