Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1906-10-31


voter he had no interest in the me-
thod of conducting the election which
would entitle him to control That
method by the assistance of a court of
equity Some remedy at law he would,
no doubt. have, if his right to vote
were interfered with; but a court of
law would not give him relief as
against a mere anticipated wrong. 1t
is to be noticed, that the want of jur-
isdictiOn of the lower court to grant
relief in equity, was not on account
of the want of right Of the plaintiff
i'll the injunction suit to maintain the
action, but on account Of the absence
of any equitable right to relief on the
part of any one and therefore, the
want of jurisdiction did not glow ont
of the incapacity of the particular
plaintiff, but out of the incapdcity OF
any plaintiff to have such remedy.
Therefore, the question is not as to
the capacity Of the plaintiff to sue,
but the power of the court TO give the
attempted relief.
That courts of equity cannoti inter-.
fere by injunction to protect claimed
political right, is too well settled &c
w
reference to illustrations found in adj.
Indicated cases. will shCw the reason
| ableness and propriety of this rule. In
| Fletcher V. futile, 15l H., % l.. r.
A. l43, the question was a. to the jur-
| isdiction of court of equity TO grant
an injunction to prevent the giving OF
election notices, or the certifying OF
nominees for districts created by al
apportionment act which was claimed
to be unconstitutional, and the court,
| holding that an injunction could not
be granted for the protection of pc.
| litical as distinguished from civil OF
property right, used this language:
| The complainant is legal voter and
a candidate for particular elective
office, and by his bill he is seeking
the protection and enforcement of his
right TO cast his own ballot in a legal
and effective manner, and also his
| right to be such candidate, TO have
| the election called and held under the
provisions of valid law, and to have
his name printed upon the ballots &c
| be used at such elections, so that lie
NAV be voted for in legal manner
| The rights thus asserted are all purely
! political, nor, so far as this question
is concerned, is the matter aided in
| the least by the attempt made by the
complainant to litigate on behalf of
other voters, or of the people of the
state generally. The claims thus
attempted to be set up are all of the
same nature and are none the less
political. And further, the court
saws:
The extraordinary jurisdiction cot
courts of chancery can not therefore
be invoked to protect the rights OLA
| citizen to vote or to be voted for at an
election, or his rights to be candi-
date for or to be elected to any office.
nor can it be invoked for the purpose
of restraining the holding of an
election, or of directing or control
ling the mode in which, or of deter
mining the rules of law in pursuance
of which an election shall be held.
These matters involve in themselves
no property rights, but appertain
solely TO the political administration
of government. If public officer
charged with political administration,
has disObeyed or threatens TO disobey
the mandate of the law. whether in
respect TO calling or conducting al
election or otherwise. the party in
iured or threatened with injury in
his political rights is not without
remedy, but his remedy must be
sought in a court of law and not in
court of chancery.
! In the case of State ex rel McAffrey
v. Aloe, l52, 466, AZ L. r. A. 1893,
already referred to, involving the right
Of a court of equity to enjOin the en-
trance of a person to office and to
declare his title invalid this language
is used:
The real and only purpose of the
suit in the Circuit Court was to bar
the entrance to the office of the Board
of Election Commissioners by injunc-
ton, and to obtain decree of a
chancery court, declaring REALTORS title
TO the office invalid. This is a subject
over which chancery court has no
jurisdiction The courts of law are
open to all persons who have rights
of that nature which have been vio-
lated, and ample means are afforded
in these courts for the vindication OF
such rights and the redress of theiI
wrongs. - And after saying that the
power of court of chancery cannot
be invoked to protect by injunction
purely.political rights, the court con
Times.