Wilson v. Cox
Decision Date | 01 March 1906 |
Citation | 53 S.E. 613,73 S.C. 398 |
Parties | WILSON v. COX et al. |
Court | South Carolina Supreme Court |
Petition by J. S. Wilson for a writ of mandamus against J. E. Cox and others. Dismissed.
This was an application to Mr. Chief Justice Pope, and by consent heard by this court in the exercise of its original jurisdiction, for a writ of mandamus requiring the respondents, who were the members of the county boards of control, and the dispenser of Pickens county, to open and operate the dispensary at Pickens. The petition alleges that the respondents, on the 19th of June, 1905, unlawfully closed the said dispensary, and refused to open and operate the same. That there is no other dispensary in said town and county, and by said illegal action, the petitioner and other citizens are deprived of their right and privilege to purchase alcoholic liquors at said dispensary. The petition does not set forth the facts which render the closing of the dispensary illegal. A rule was issued requiring the respondents to show cause why the prayer of the petition should not be granted. They made a return setting forth the various proceedings which resulted in an election against the dispensary and the closing of the same. The relator filed a reply to the return, alleging numerous grounds of illegality in the election, and that the statute commonly known as the "Brice Act" was unconstitutional. The last mentioned ground was however, abandoned. A special referee took the testimony, and reported his findings of fact as to the several steps in the said election, which, at least in the main, showed that it was valid.
The first question for consideration is whether proceedings by mandamus are the appropriate remedy. The office of the writ of mandamus is thus well expressed by Mr Justice White, in the case of International Cont. Co. v Lamont, 155 U.S. 303-308, 15 S.Ct. 97, 98, 39 L.Ed. 160 ( ) ( . )(." ) This language is quoted with approval in Lord v. Bates, 48 S.C. 95, 26 S.E. 213.
Before the court could issue the writ of mandamus, it would be necessary for it to declare the election null and void by reason of the various acts of alleged illegality. It cannot be successfully contended that the duty of the respondents is ministerial, or clear and undisputable, when the law forbids the operation of the dispensary unless the election should be set aside.
The judgment dismissing the petition has already been filed.
I concur in the view that the election could not be adjudged invalid and set aside in a mandamus proceeding. But aside from that, the election...
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Verner v. Muller
... ... the board was necessary, there is nothing to show that there ... were not sufficient appointees at each precinct to hold a ... legal election. No fraud or unfairness in the conduct of the ... election is suggested. An election fairly conducted by de ... facto officers may be valid. Wilson v. Cox, 73 S.C ... 398, 53 S.E. 613; Stackhouse v. County Board, 86 ... S.C. 425, 68 S.E. 561 ... It is ... also alleged that Waverly precinct, where votes were taken, ... was stationed at a point about one-quarter of a mile from the ... fork of Rice Creek spring and ... ...
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Stackhouse v. Rowland
... ... to hold it; and there was no protest nor objection of any ... kind by the voters or taxpayers, either before or after the ... election. Under these circumstances an election held by de ... facto officers will be recognized as valid. The authorities ... so holding are cited in Wilson v. Cox, 73 S.C. 398, ... 53 S.E. 613 ... It is ... therefore ordered and adjudged that a writ of mandamus issue, ... requiring the county board of commissioners of Dillon county ... to issue ... ...
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