The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1885-12-24
THE LAW As 1T Is.
Syllabus of the Supreme Court i'm
the Cincinnati Election Cases
SOUnd Decision.

COLUMBUS, o., Dec. 16.-The sylla.
bus OF the Cincinnati election manda-
mus cases was given out by the su-
preme court tonight. Judge Johnson
dissented. The opinion is by Owen,
Judge.
l. Under the provisions of section
1881, revised statutes, defining the du-
ties of canvassers of election returns,
which require that "in making the
abstracts of votes they shall not de-
eide upon the validity OF returns, but
shall be governed by the number of
votes stated in the poll books" the
duties of such oanvassers are merely
ministerial, and they have no power
to decide such returns, or any part Of
them, invalid by reason of fraud at
the election or in the returns thereof
ss made to the clerk and have no
power to exclude such returns or any
part thereof from the count for such
reason.
2. In q mandamus proceeding to
compel such canvassers to omit certain
votes for candidates for the general as
sembly from the abstracts, the court
has no power to decide on the validity
of such returns and 1t is error for the
court in such proceeding to decide
or to command the canvassers to de-
eide such returns or any part thereof
invalid by reason of such fraud.
8. The remedy in such case is by
eral assembly for which the party af-
fectsd is a candidate, and that remedy
is exclusive.
In such q mandamus proceeding the
court has no power where there is an
excess of votes above the number of
names of voters upon the poll books.
to command the canvassers to reject
all of such excess above ten Ito be di-
vided proportionately between the two
parties), and to count all below ten, or
to command them that in case the ex
cess Is large enough to show fraud,
they reject the entire returns where
they would affect the general result,
and simply to deduct the excess where
the general result would not be affect
ed thereby such court having no pow
er to control, destroy or limit the ex-
ercise of discretion in a public officer
by q writ OF mandamus. The scope
and office of writ of mandamus ia
defined by section 6741 (revised stat
utes),
Mandamus is q writ issued in the
name of the State to an inferior tribu-
nal, q corporation, board, or person
commanding the performance of an
act which the law specially epjoins az
duty resulting from an office, trust
or station" and where the canvass of
the returns for q county ia nearly coma
pleted and a writ of mandamus is ap
piled for to command the canvassers
to omit certain specified returns and
votes for a candidate to the general
assembly from the abstracts, the court
1hose action is invoked has no power
To proceed to make complete canvass
of the returns from all the precincts
of the county make an abstract there
of, decide which candidates are select
ed and issue a writ of mandamus COM
pelliBg the canvassers to adopt such
result as their own, and commanding
the clerk to issue certificates to the
candidates so decided to be elected
6. The Jurisdiction which article =.
section 6 of the constitution confers
upon each house of the general assem-
biy to Judge of the election returns
and qualification of its own members"
Is exclusive.
Z. A pretended judicial determine
ton of any other tribunal in form de
ciding that a candidate for either house
is elected Is a nullity. Judgment re-
versed.