State Ex Rel. Pack v. Karnes

CourtSupreme Court of West Virginia
Writing for the CourtMILLER
Citation97 S.E. 302
Decision Date29 October 1918
PartiesSTATE ex rel. PACK. v. KARNES et al.

97 S.E. 302

STATE ex rel. PACK.
v.
KARNES et al.

Supreme Court of Appeals of West Virginia.

Oct. 29, 1918.


(Syllabus by the Court.)

Application by the State, on the relation of J. C. Pack, Chairman of the Republican Executive Committee of Mercer County, against H. D. Karnes and others, constituting the Board of Ballot Commissioners, for a writ of mandamus. Writ granted.

Hugh G. Woods, of Princeton, for relator.

D. M. Easley, of Bluefield, for respondents.

MILLER, J. The relief sought by mandamus in these cases is the same as that which petitioners endeavored to obtain by

[97 S.E. 303]

prohibition at the present term of court, 97 S. E. 281. We then held, in an opinion prepared by Judge Poffenbarger, that mandamus and not prohibition was the exclusive remedy given by the statute where it was desired to control the action of a board of ballot commissioners, wherefore the present proceeding in mandamus.

The petitioner in each case sues not only in his capacity of chairman of the Republican Executive Committee of Mercer County, but also as citizen, taxpayer and voter. The petition in Case No. 3741 alleges that at the primary election held August 6, 1918, the name of E. H. Thompson, who had announced himself therefor, was put on the Democratic ballot as a candidate for the nomination for the House of Delegates, along with the name of T. J. Phelps, the only other candidate for that office. It is further alleged that at said primary Thompson was voted for generally by members of his party throughout the county, but that because of his failure, as required by law, to file with the clerk of the county court at least seven days before said primary election an itemized statement, subscribed and sworn to, setting forth all his financial transactions in connection with his candidacy, and because of his failure to file such sworn statement with said clerk at any time until eight days after said primary, he was not legally nominated by his party as a candidate for the House of Delegates and was not entitled to have his name printed or placed on the official ballot to be voted on at the general election on the 5th day of November, 1918.

It is further alleged that some time after said primary election the said Thompson pretended to resign his alleged nomination to the Democratic county executive committee, which committee pretended to accept such resignation and undertook to appoint as for a vacancy caused by such resignation the respondent James R. Shanklin as a candidate on the Democratic ticket for said office to be voted for at said general election, and that Henry Karnes, D. F. Hale and R. D. Karnes, composing the board of ballot commissioners for said county, had so placed the name of said Shanklin on said official ballot to be voted for as aforesaid.

In Case No. 3742 the petition of the same petitioner alleges that subsequent to the said primary election held on August 6, 1918, at which the said names of Thompson and Phelps were the only names printed on the official Democratic ballot as candidates for the nomination for the House of Delegates, the Democratic executive committee for said county had also undertaken to appoint as for a vacancy and as a third candidate for the House of Delegates respondent S. R. Holroyd and had also certified his appointment as such candidate to said board of ballot commissioners to be printed on the...

To continue reading

Request your trial
19 practice notes
  • White v. Manchin, Nos. 16312
    • United States
    • Supreme Court of West Virginia
    • 13 Julio 1984
    ...to compel a board of ballot commissioners to discharge their duties lawfully ...." Syl. pt. 1, State ex rel. Pack v. Karnes, 83 W.Va. 14, 97 S.E. 302 (1918); overruled on other grounds, Syl. pt. 12, State ex rel. Booth v. Board of Ballot Comm'rs, 156 W.Va. 657, 196 S.E.2d 299 4. "Because th......
  • State ex rel. Cline v. Hatfield, No. 12069
    • United States
    • Supreme Court of West Virginia
    • 20 Septiembre 1960
    ...to disqualify a candidate in such case by mandamus before an election may inflict a grave injustice. Pack v. Karnes, 83 W.Va. 14, 97 S.E. 302; State ex rel. Lockhart, Sr. et al. v. Rogers, Mayor et al., 134 W.Va. 470, 61 S.E.2d It was in the Pack case which was decided in 1918 that the writ......
  • State ex rel. Zickefoose v. West, No. 12039
    • United States
    • Supreme Court of West Virginia
    • 18 Octubre 1960
    ...their duties lawfully in respect to the preparation of ballots for a general election.' Point 1 Syllabus, Pack v. Karnes, 83 W.Va. 14 [97 S.E. 302]. 3. 'If a constitutional provision is clear in its terms, and the intention of the electorate is clearly embraced in the language of the [145 W......
  • Rogers v. Hechler, No. 16884
    • United States
    • Supreme Court of West Virginia
    • 9 Julio 1986
    ...grounds, Syl. pt. 12, State ex rel. Booth v. Board of Ballot Commissioners, supra; Syl. pt. 1, State ex rel. Pack v. Karnes, 83 W.Va. 14, 97 S.E. 302 (1918), overruled on other grounds, Syl. pt. 12, State ex rel. Booth v. Board of Ballot Commissioners, supra; Syl., State ex rel. Heironimus ......
  • Request a trial to view additional results
19 cases
  • White v. Manchin, Nos. 16312
    • United States
    • Supreme Court of West Virginia
    • 13 Julio 1984
    ...to compel a board of ballot commissioners to discharge their duties lawfully ...." Syl. pt. 1, State ex rel. Pack v. Karnes, 83 W.Va. 14, 97 S.E. 302 (1918); overruled on other grounds, Syl. pt. 12, State ex rel. Booth v. Board of Ballot Comm'rs, 156 W.Va. 657, 196 S.E.2d 299 4. "Because th......
  • State ex rel. Cline v. Hatfield, No. 12069
    • United States
    • Supreme Court of West Virginia
    • 20 Septiembre 1960
    ...to disqualify a candidate in such case by mandamus before an election may inflict a grave injustice. Pack v. Karnes, 83 W.Va. 14, 97 S.E. 302; State ex rel. Lockhart, Sr. et al. v. Rogers, Mayor et al., 134 W.Va. 470, 61 S.E.2d It was in the Pack case which was decided in 1918 that the writ......
  • State ex rel. Zickefoose v. West, No. 12039
    • United States
    • Supreme Court of West Virginia
    • 18 Octubre 1960
    ...their duties lawfully in respect to the preparation of ballots for a general election.' Point 1 Syllabus, Pack v. Karnes, 83 W.Va. 14 [97 S.E. 302]. 3. 'If a constitutional provision is clear in its terms, and the intention of the electorate is clearly embraced in the language of the [145 W......
  • Rogers v. Hechler, No. 16884
    • United States
    • Supreme Court of West Virginia
    • 9 Julio 1986
    ...grounds, Syl. pt. 12, State ex rel. Booth v. Board of Ballot Commissioners, supra; Syl. pt. 1, State ex rel. Pack v. Karnes, 83 W.Va. 14, 97 S.E. 302 (1918), overruled on other grounds, Syl. pt. 12, State ex rel. Booth v. Board of Ballot Commissioners, supra; Syl., State ex rel. Heironimus ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT