Mansfield v. Secretary of the Commonwealth

• Decision Date: 19 October 1917
• Citation: 228 Mass. 262
• Parties: FREDERICK W. MANSFIELD v. SECRETARY OF THE COMMONWEALTH.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

228 Mass. 262

FREDERICK W. MANSFIELD v. SECRETARY OF THE COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

October 19, 1917

October 18, 1917.

Present: RUGG, C J., BRALEY, DE COURCY, PIERCE, & CARROLL, JJ.

Mandamus. Elections, Official ballot.

Upon a petition for a writ of mandamus, which is a proceeding at law, this court has no jurisdiction to change or reverse a decision as to the facts made by the single justice who heard the case unless the finding of fact is not warranted by the evidence.

Upon a petition for a writ of mandamus a finding of a single justice, warranted by the evidence presented before him, that the surname of a candidate for Governor always has been spelled "McCall" and never has been spelled "MacCall," that the name of the candidate is "McCall" and not "MacCall" and that under St. 1913, c. 835, Section 259, "the name of Frederick W Mansfield should precede that of Samuel W. McCall in the arrangement of names in alphabetical order upon the official ballot of candidates for Governor," is a finding of fact which is not open to revision by this court.

PETITION, filed on October 16, 1917, for a writ of mandamus addressed to the Secretary of the Commonwealth commanding him, in the preparation of the official ballot for the election of Governor under St. 1913, c. 835, Section 259, which provides that the names on the official ballot for election to office shall be arranged in alphabetical order according to the surnames, to print the name of the petitioner, Frederick W. Mansfield, before the name of Samuel W. McCall, an opposing candidate for the office of Governor.

The answer of the respondent, as filed by the Attorney General, contained among other allegations, the averment "that the name `McCall' is an abbreviation of the name `MacCall,' and that according to accepted usage and custom pertaining at the time of the adoption of the statute requiring names on official ballots to be arranged in alphabetical order according to surnames and at the present time, names such as `McCall' are arranged with names spelled `MacCall' and similar names, and precede in alphabetical arrangement the name `Mansfield.'"

The case was heard by Crosby, J., who made certain findings of fact, including those that are stated in the opinion and concluding as follows: "I further find that the surname of Samuel W. McCall has so far as the evidence shows always been spelled `McCall' and never has been spelled `MacCall' and that the surname of Frederick W. Mansfield, so far as the evidence shows, has always been spelled `Mansfield.' I further find that Mr. McCall's name is `McCall' and not `MacCall.' Upon these facts so far as it is a question of fact I find that the name of Frederick W. Mansfield should precede that of Samuel W. McCall in the arrangement of names in alphabetical order upon the official ballot of candidates for Governor."

The single justice reported the case, reserving all questions of law arising upon the record for determination by the full court, such disposition to be made of the case as the full court should direct.

F. W. Mansfield, pro se. H. W. Barnum, Assistant Attorney General, for the respondent.

RUGG, C. J. This is a petition for a writ of mandamus to compel the secretary of the Commonwealth to place the name of the petitioner as candidate for Governor before that of Samuel W. McCall upon the official ballot for the impending state election.

It is the duty of the respondent to arrange the names of the several candidates for Governor upon the ballot "in alphabetical order according to the surnames." St. 1913, c. 835, Part III Section 259. There has been a hearing before a single justice who has made a finding of facts. His conclusion, after a narration of various matters of probative value on the issue, is in these words: "Upon ...