State ex rel. Robertson v. Kanawha County Court

• Decision Date: 08 June 1948
• Docket Number: 10070.
• Citation: 48 S.E.2d 345,131 W.Va. 521
• Parties: STATE ex rel. ROBERTSON et al. v. COUNTY COURT OF KANAWHA COUNTY et al.
• Court: West Virginia Supreme Court

48 S.E.2d 345

131 W.Va. 521

STATE ex rel. ROBERTSON et al. v. COUNTY COURT OF KANAWHA COUNTY et al.

No. 10070.

Supreme Court of Appeals of West Virginia.

June 8, 1948

Syllabus by the Court.

The county executive committee of a political party may not delegate the right conferred upon such committee by Code 3-4-15, as amended.

H D. Rollins, of Charleston, H. E. Dillon, Jr., of Fayetteville, and John J. Lane, of Charleston, for petitioners.

John J. D. Preston, Charles M. Love, Dale G. Casto, Vincent V Chaney, all of Charleston, for respondents.

LOVINS Judge.

By this original proceeding in mandamus, G. C. Robertson, Chairman and thirty-three of the fifty-four members of the Democratic Executive Committee of Kanawha County, West Virginia, seek to compel the county court of said county, its president, members and clerk, to appoint certain persons as commissioners of election and poll clerks for the primary election to be held on May 11, 1948.

At a meeting of the Democratic Executive Committee of Kanawha County, West Virginia, hereinafter called 'committee', held on March 24, 1948, a resolution was adopted which, in substance, required the several committeemen and committeewomen from the various districts and wards in Kanawha County and the City of Charleston, to submit on or before April 1, 1948, to G. C. Robertson, chairman of the committee, a list of persons to be appointed as commissioners of election and poll clerks for the above-mentioned primary election. Thereupon the committee adjourned until April 5, 1948.

At the meeting on April 5, 1948, the committee adopted a resolution, by a substantial majority, the pertinent portion of which reads as follows: 'Be it resolved, by this Committee that in the interest of all candidates in the Primary Election of May 11, 1948, the chairman of this Committee be hereby empowered and authorized to fill any vacancies and to make any changes or replacements as to any election officials designated or named by this Committee to serve as said primary, so that an impartial election board will be in each precinct at said primary, and the action of the said Chairman in this respect shall be conclusive and final, * * *.' The chairman of the committee, acting under the authority of the above resolution made up the written list of persons to be so appointed as commissioners of election and poll clerks, which list was compiled from the several lists submitted by the committeemen and committeewomen, and from other sources. On April 13, 1948, the chairman certified over his signature the list so made as being on behalf of said committee, such list being signed also by the vice-chairman and the secretary of the committee. The certificate was thereafter corrected to show, in effect, that the list was prepared by the chairman and submitted pursuant to the resolution quoted above.

The County Court of Kanawha County, West Virginia, to be hereinafter referred to as 'county court', on or about April 17, 1948, entered an order requiring the chairman of the committee to appear and explain the changes made by him, such action having been prompted by affidavits of ten members of the committee to the effect that the list presented by the various committee members had been changed by the chairman of the committee. In obedience to the order, the chairman appeared before the county court on April 19, 1948. On that day, Robertson and one other witness testified with respect to the list of names submitted by the chairman to the county court. From the testimony and exhibits filed at such hearing, it is clear that the committee as a whole at no time prior thereto had requested the appointment of any qualified voter as commissioner of election or poll clerk, nor had the committee voted upon persons named in any list. It is a reasonable inference from the record presented herein that the only question submitted to the committee as a whole for a vote was the adoption of the resolutions. This inference is strengthened by the admissions of counsel in oral argument in that respect. As far as we are able to ascertain from the record before us, the lists prepared by the various committeemen and committeewomen had been submitted to the chairman and he, acting under the purported authority conferred on him by the resolution, had made such changes, substitutions and original appointments as he saw fit. It is reasonable to assume that the lists presented by the ward and district committeemen and committeewomen pertained only to their respective wards and districts.

During that hearing counsel for relators advised the county court that a meeting of the committee was to be held on April 22, 1948, at eight-thirty p. m., and requested the county court to withhold its appointment of election commissioners and poll clerks. During such hearing there was also presented to the county court a writing, signed by all the individual relators herein, except G. C. Robertson, designating themselves as members of the committee, and requesting that the county court appoint each and every person named in the list submitted by G. C. Robertson.

On the following day, the county court entered an order finding: '* * * that the list for election officials signed Dr. G. C. Robertson, Chairman, et als., heretofore tendered to the Court on the 13th day of April, 1948, * * * was not legally selected by said Committee and was not legally and properly tendered to this Court on behalf of said Committee.' The same order further found and ordered: '* * * the Kanawha County Democratic Executive Committee not having presented to the Court any legal and proper list of the names of persons to serve as commissioners of election and poll clerks, the Court proceeded to appoint the election officials to serve for the Democratic Party at the primary election to be held on the 11th day of May, 1949, * * *.' The petition alleges that the persons so appointed by the county court were named on lists submitted by a minority of the committee, consisting of ten members, or less than one-fifth thereof.

Counsel for relators objected to the action of the county court, and the county court, having overruled the objection, adjourned 'sine die'.

After due notice, the committee met on April 22, 1948, and by appropriate resolution ratified and confirmed the actions of G. C. Robertson, its chairman, in making up and submitting the list of persons to be appointed as commissioners and poll clerks pursuant to the resolution hereinabove quoted. A copy of the minutes of the meeting of April 22, 1948, was presented at the office of the county court, and request was made that said court call a special session for the purpose of appointing the persons named in the list submitted by the chairman of the committee, which had been approved and confirmed as above stated. It is alleged that the county court refused to accede to that request or to consider the list.

The system of primary and general elections is entirely statutory, and we can find no determinative principle in the common law applicable to this controversy. We must rely entirely on the Constitution and the applicable statutes. 18 Am.Jur., Elections, Sections 2 and 6.

The extent to which courts will supervise intra-party affairs has been determined by the...