State ex rel. Gaddis v. Bryan

The majority opinion, in the syllabus, declares the law to be that the city council will be held to have exercised “a judicial discretion” whenever the law ‘‘contemplated the presentation of proof,” “a consideration thereof, and a decision thereon.” This radical change *508in onr law is of so much importance that it ought not to be announced without referring to our former decisions and furnishing the reasons for the change. Mandamus will not lie to control the “judicial discretion” of an administrative officer, or any other officer. The question in such cases generally is whether the officer has…