The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1891-04-08
THE GOVERNORS DECISION FINAL
Supreme Court Holds Mandamus Proceed
ing Cnnnot lie Brnucht Agninst Him


Judge Coffey of the supreme court Sat
urday handed down decision in the suit
growing out of the refusal of Governor
Hovey to issue commission to William
A Shuck, who was elected auditor OF
Jennings county.
After citing numerous cases of similar
kind the opinion says: I'VE do not think
the cases cited settle the question in this
state that the courts have the power to
compel the governor by writ of mandamus
to perform any act enjoined upon him
either by the constitution or laws of the
state where such act pertains TO a duty to
be performed by him as governor of the
state. 1t cannot exist unless
conferred by the constitution of the state
or unless it is one OF the inherent powers
OF the court"
The court holds that the three depart
ments OF the government are absolutely
independent of each other, being equal
and coordinate. The opinion goes on
TO say: SHOULD we attempt to control
the governor we would be taking one step
in the direction of absorbing the functions
not do unless the case before us is such
as that we are driven to such course by
an unbroken chain of precedents in like
cases from which there is no escape.
''The case before us, as We understand
the pleadings, is this: at the November
election i'll 1890 the relator received the
highest number of votes for the Office of
auditor of Jennings county, which facts
were duly certified to the secretary OF state.
Prior to the time the relator called for his
commission the treasurer of Jennings
county filed with the governor an affidavit
to the effect that the reiator, prior to his
election, had been the treasurer of said
county and had failed to account for a
large amount of funds which had come
into his hands as such treasurer. Subse-
quently Mr.. Cope appeared and claimed
that he was elected to the office for which
the relator demands a commission, upon
the ground that the relator was ineligible
to the office, which fact was known to the
electors of Jennings ounty at the time OF
the election, and that he, Cope, received
the next highest number OF votes for the
office. Under these facts the governor de-
cided not to issue any commission.
ave think the governor S decision in this
matter must be taken as final. The case
Is not OHo WneTC JUe SONeTHOf 10 acting rs
the member OF a board created by the
legislative enactment in a matter wholly
disconnected with his functions as the
governor of the state, but it is a case where
he is required to act as governor. 1t is his
office as chief executive of the state that
gives force and vitality to the commission.
He executes it as the governor of the state
of Indiana, and whether he derives his
power to DO so from tine constitution or
by legislative enactment without the Of
fee of chief executive behind it it is OF no
validity
+ Having reached the conclusion that the
courts OF this state have no power to con-
troll the governor in matters of this kind
before us, and that the conclusion of the
governor in the particulars here involved
is final, it follows that the circuit court
erred in overruling the demurrer of the
appellant to the replies and in sustaining
it to the answers.
Judgment reversed with directions for
further proceedings not inconsistent with
this opinion"