State Ex Rel. Burgstaller v. Franklin County Board of Elections

While I concur in the ger curiam opinion in this case, I believe that the purpose and necessity of the law governing these cases should be dwelled upon more fully.

What the thirty relators urge us to do here is to exercise the legislative function in at least three instances, to wit:

1. To amend Section 4785-70, General Code, by reading out of that section the words, “but not more than five. ”

2. By disregarding the further provision of that section that the determination of the board of elections on a protest shall be final.

3. By enlarging the statutory definition of mandamus.

It is axiomatic…