The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-07-28


io,lnalliv 70 ibe law dlsregading \
Tho eollsiltui0isf 0F eonforHlably
IA tlq eenssitption dlsgrglreia5
tic law thar court must aqter-
mine Wnith of these conflicting
rules governs thc case 1his *
81 tao scry cascnce of judicial
.ujity.
a ministerial act may be de..
iincd ta 10 one which person
lRffninfs up0n 4 given slatc OF
fAeta. hi a prescribed manner In
obedience u Tie mNndate ol lesf'
authority, vfthcM sregalti tu Vr
tbe exercise of his own judgment
itpbn the prcpuety Of doing tte
set,
ilSiesssetEtt dsisy. shc perform
ahce q rhica may III proper cas-.
"a 81 aeqhleoJ, IL one IN which
uolnlpS ii leiG to discretion. lts1
NJ N sinplc dniiliita duty arising v
sunler con. ilions ndmitfed or APP 3
prQved 10 exist and. Imposed bg
law.il ca Am. Ss lrng. EncEe, of "
l4aN zpa sd, b. 1889 W
A ministerial act as dzfined in 2I
cyc, at page 1888 is IAN acs which q
lersQn performs In al giycn stata ot
acts IN u prescribed manner ~
htdicaca la ths mandate of lcgel
.utnurity. without fvgar0 10, cr tAc
exercise of, lbs own ljuagfdenii gIpoI
I:hs propiiety VI The. act fore
IN obedience to the mailiute Of sec.
art. &. of the constitution oi tins
sase. Without regard to or in tbs
seh2mc of his own judgment Upon
ItEctutanric;y Of the. att Gone, eacA
tsecuiiSc Hfirers o' thlsl state ~ 're
plred 70 keep his office aud public
Iiscdfds, books and bapelssa sat the seat
4. government
Court 10 pass Upon Election.
IN the second amended petition IN
ltie rcsae .pnnding in The district court
al L,gan County, 1t Is, alleged s().
ihat IN account Of the Imperfect bas
lettiIje inisubmlt.ing the proposition
iesthn permanent i0cNtioii OF the CAPT
lal oi ias ffate said election was
Adia, EQd IA tlai on account OF sail
k,et spcille tsplgltant to the provisions
.ff W. I.aabllng Act, eaid e,cctloD wos
IA. These are judicial questions
,,vcr which the district court had
jur.sdlotioo fLozler V. Alexander Drug
Go, 90 OH. ~. and u dhc distric0
court connE It's efror IN determining
tteee questions, the same may pa
corrected by appeal Or proceeding u
,10r. II ISL moi the province oi d
ari. of tG'oiilliiou TO take the place
os 4 pfctsndirg in error.
'rht Supreme court OF the state "
inui iaaa has uniformly held t'at 4
. ne chief.axecutiye. eyclls AS to ini,ds'
,iegial acts was rot subject - be roni
lrollcI lss The process ,of the stata
confis. state OK rel. McEnery y
f'irllolls, Governor, set al., AZ "a. POI.
was o proceeding by nlandnnus y
yonipel lhe Governor aud the TeG1stcr
iof thc land office 10 execute aud do
4fver to he rclator patents ;sa per his
antract Nth the state Of Iiouisinap,
.but no disposition Was made OF ttri
aelion as TO the governor except =
lsensral finding that TIE law and evi-
Gcnce entitled .relator to the relief
;laycI for. The writ OF maifdam n
Aas awarded again the register bu'
not he governor. From that juds
lnent The Governor and the register oI
iIe sute land office appealed. In ths
slipreme court. she relatof filed ipl
insYct praying that the Judgment
q safnst the register ,be affirmed; bnt
In so FIR as reheE by mandaHud
seeainst the governor was concerned
Ire case remained jim statu quo. NJ
iirmatiun uf. the Judgment was AZ
at he prayed for
on pnec g23 ti2 La, AnnJ, 1t ,
/ sad 4a ..-x n,
Whpieycr contrarioty Of opinion
L nmy have. AZ one time, existed
on tlle. subject, Il is now q settled
niinclple that peremptorS man
r damus viii go to state officers,
such rs Auditor, Treasurer, and
Register Of state Land Office, for
the purpose Of coercing perform
Z, aprcs. OF purely -ininisterlal duties
Z. dcvolyina on suchoiicers by law.
In state cx rel. Collins i. JumeL Au
dItor. SO. An. ses, our predecesso
! said on, this subject: ~
| The State Is sovereign, aud can
/ not be sped by her citizens, ln her
own eauris. without her permits,
Il sion, but civil proceeding, by
+ which one officer Ul the state
seeks TO compel anotbcr officgr
b os the same state 10 perform -
/ ministerial duiy,,ls Hob. IN tue
!. proper sense OF the words, a suit
against the state
Nothing is more common that
for party who has q claim
Ag ,inst The state, whether foi
salary as an officer or fec mon
ey dre on other accounts, TO have
right Il Payment adjudicated
through aud by mems OF mail-
damus against the auditing oiil-
cer Ii is recognized by us as a
legitimate mode of ascertanlns
Whist are TIE rights Of pesons
who have or who prefer tiaias
against tue state
IN State cx rel. l,oaye,. Ss.Eurlle
irreaswer, SO Auns e5a, VIC said
:. that While fulls recognizing thc
independence aud all the rights OF
coordinate branches of the gov
crnmnt. Il Is only necessary 70
sa, that il Is The provinces oil .ille
judiciary. Whenever the question
Is prepprly bronslt before II IN
H..