Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1884-11-30
the FAYETTE CONTEST.
So the Supreme Court Holds---The Defend
ants Via the Celebrated Ming0 lroa
Works Case---0ther
Decisions.

The Supreme Court Of Appeal yesterday
decided the Fsyette County election case,
by issuing the writ Of prohibition, deciding
the commissioners had no power to go be-
hind the returns. Brazie and others vs..
Van Pelt and others, upon writ Of error to
= Judgment Of the Judge Of the Circuit
Court Of Fayette County entered in vsca-
ton. discharging a rule issued in vacation,
at the instance of Fl. W. Brazie. who
claimed to be entitled to the certificate oil
election for prosecuting attorney, and the
other two plaintiffs, who respectively
claimed the certificate OF election TO the
offices of clerk of the circuit court and
county commissioner, and refusing to issue
q writ OF prohibition to prevent the said
commissioners from going behind the re-
turus TO hear evidence and exclude
the votes Of those voters who, j.
the opinion of said commissioner were In
legal voters. The rule was issued on the
25th of October, returnsble before the
Judge on the 3Oth of October. A writ Of
error was granted by Judge of this court
on the 10th day of November to the said
Judgment of the Circuit Judge. BY con-
sent the case was heard on oral arguments
by the court on tho 22nd of November.
Goyernor-elect Wilson appeared for the
defendants, who were candidates for the
same offices as the plaintiffs respectively,
and moved the court TO dismiss the writ
because:
LIST. The Judge had no power in vacation
to issue writ OF prohibition.
2nd. Because this writ, can only issue
from a supreme to an inferior court.
Sd. Because the Commissioners have the
right under the law to go behind the
returns Judge ]. II. Brown appeared for
the plaintiffs in error.
The Court on yesterday, The 18th, Judge
SNYDER. announcing the opinion, held;
/. The Statute, sec. 8, Oh. 73, Acts 1882
authorizing a Judge Of the Circuit Court In
vacation to issue writ of prohibition Is
Constitutional
Such Judge being thus authorized to issue
such writ in vacation, may issue rule for
such writ returnable before him and hear
the same in vacation, and writ OF error
lies from his Judgment in vacation to this
Court.
I'd. The writ of Prohibition lies from a
Supreme Court not only to inferior JUiirtaI
tribunals, but to inieriQr ministerial triou
nails, possessing incidentally judicial power,
and known as quasi judicial tribunals, aud
also in extreme cases to purely ministerial
bodies when they usurp and attempt to
exercise iUdicial functions.
Sd. Such writ lies from the Circuit Co lrt
10 the County Commissioners assembled IN
special session to ascertain the result OF an
election under chap. l5j, acts of 1882. to
prevent them from transcending their
iegitimat ate powers by examining witnesses
and hearing evidence to determine
whether the precinct commissioners
have certified and returned the vote
of persons not entitled to vote with view
to rejecting such votes.
Ith. Aside from the quasi judicial func-
tons necessarily incident to their duties in
determining that the ballots, poll books and
certificates Of the election returns laid be
fore them are genuine, that they are IN fac,
the returns and substantially in the form
prescribed by the statutears>9, to arrest and
I ave tlStn put III pEISOu IL tuCy orc hOs OF
The duties of said commissioners are purel!
ministerial and their judicial functions ar
limited to the acts prescribed IN the Ills
section Of said statute.
9Th All the acts Of said county commits
sioncrs must be based on the returns as Ger
Gfed TO them from the several voting
places of the county. The 2Gth section O.
said statute has no application to their
duties as canyassers Of the election; the
powers therein conferred apply alone to thu
final Judges Of election in case Of contested
elections
The court reversed the judgment OF the
circuit Judge, and proceeding to render thu
Judgment he ought to have rendered, made
The rule absolute, and ordered the writ Of
prohibition to issue to prevent the county
commissioners from going behind the returns
All the judges cOncurred.