Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-04-17
CHALMERS VS.. MYERS
The Judgment Of the Lower Court Re-
Tersed by the Supreme Court
Of Mississippi,
And Chalmers's Petition for Mandamus
Dismissed at His Own Cost
An Able Opinion.

Special to the Appeal
jackson, April 16.-Iu the case OF Myers,
secretary Of state, Us. J. K. Chalmers, the
Supreme Court to-day reversed the judgment
Of the Criminal Court, Diminishing Chalmers's
petition for mandsmus at his cost. The
court held:
That a mAndamus is the appropriate
means to compel an officer charged with the
duty 10 declare the result of an election az
beyond dispute. The secretary of state as
to this duty is merely ministerial Office and
smenable 10 the courts as such, and may be
proceeded against by a mapdamus. It is
fundamental principle never to grant the
writ Of mandsmus where if issued it would
prove uuagailing. The secretary of state
having declared Manning elected, ard the
governor having commissioned him, we
adopt the language Of the Supreme Court
OF Missouri, in the cas- of Bland "a. Rod
man: "Ihe case has passed beyond any con.
troll of this court, and the only redress the
relator has, if he considers himself aggrieved,
is by legal contest made ia pursuance of
law"
Numerous cases announcing the same
principles were cited and approved.
The court also held that commission BY
the governor is irrevocable except in the
case Of his appointee removable at bis pleas
ure. 1t most stand until vacated snd an
nuled by body which has the right 10 in
vestigate the facts OF the election and decide
who is entitled 10 the Office. The statute
require The secretary OF state to sum up the
votes cast as shown by the returns
made to him, aod TO declare the
result TO the governor, who commissions
The secretary OF state is not required
to issue any certificate or paper to the person
elected. He simply declares the result, and
the governor furnishes the credentials re-
quired by the set Of Congress. If we were
10 require the secretary of state to make
another declaration of the result it would
be nugatory; it would not constitute the
required credentials. II we we're to command
the secretary Of state to issue a certificate Of
any sort TO the petitioner, we would require
what no law requires of him in reference to
the election. II We assume that The
governor would deem it his duty to
regard a new declaration Of the result
Of the election enforced from the secretary
of state by the court, nothing still would
be effected, because the governor has
no power to recall or vacate the commission
heretofore Issued. Ii we should declare that
the commission was illegal and void, we
would transcend our legitimate functions,
and present the unseemly spectacle of a con-
| demnatiou of the official act of the chief ex-
ecutive OF the State in the performance Of
the duty imposed on him by the constitution
and laws of the State, with the clerk of the
House OF Representatives of Congress pri-
msrily and the House ultimately 10 sit in
| judgment on the act OF this court In pro.
nouncing the commission void. II the gov
ernor should issue smother commission there
would be two persons armed with credentials
under the great seal of Mississippi, suitors
for recognition as the rightful claimants of an
Office only one eau hold. The court
will not do a vain thing. 1t will not act
where it cannot sdjudicate. 1t will not pro-
nounce judgment to be disregarded. 1t
has nothing to do with the contest between
the petitioner and Manning in the present
attitude OF their controversy. We have not
found precedent for interference in SUCH a
state OF case, and are not willing to make
one.
Judge Campbell delivered the able opinion
of the court, which the lawyers pronounce
law. Capt. Meyers is being congratulated
on all hands. Fate seems to be against
Chalmers