State ex rel. Miller v. Barber
Wyoming Supreme Court
This was an original action in mandamus brought on the relation oí Louis Miller against Amos W. Barber, Secretary of State, to require the latter to countersign and affix the great seal of State to a commission issued by the Governor purporting to appoint said Miller to the office of fish commissioner. The case was heard upon demurrer to the answer. All the material facts are stated in the opinion. The duties of the Secretary of State are ministerial in their nature.
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This was an original action in mandamus brought on the relation oí Louis Miller against Amos W. Barber, Secretary of State, to require the latter to countersign and affix the great seal of State to a commission issued by the Governor purporting to appoint said Miller to the office of fish commissioner. The case was heard upon demurrer to the answer. All the material facts are stated in the opinion. The duties of the Secretary of State are ministerial in their nature. (Chap. 95, Laws 1890-91, p. 382.) Mandamus will lie to compel him to attest a commission duly issued by the Governor. (Mecham…
1Opinion of the Court
ON APPLICATION EOR REHEARING.
The Secretary is not a mere amanuensis of the Governor. Affixing a seal to a commission not only attests his signature, but declares the legality of the act done. The Governor is not the custodian of the seal. The Secretary i's. If the Governor can arbitrarily direct its use, there is little utility in providing a separate custodian of it. The Secretary necessarily has some discretion with respect to its use, and he should refuse to attach it to a document not required or authorized by law to be issued. Ho person has a substantial right or interest in becoming a…
2Cases cited4 opinions
- State ex rel. Leal v. JonesIndiana Supreme Court · 1862
- People Ex Rel. Babcock v. . MurrayNew York Court of Appeals · 1877
- Hill v. StateSupreme Court of Alabama · 1840
- State ex rel. Bienvenu v. WrotnowskiSupreme Court of Louisiana · 1865
3Cited by1 opinion
- Moriarity v. State ex rel. McBrideWyoming Supreme Court · 1995