Gelpi v. Tugwell

It does not seem to me that this appeal should be dismissed on the ground that it has become moot. Counsel for the Governor, at the oral argument before us, disclaimed any such contention.

The petition alleges on various legal points that the Governor’s executive order of removal is null and void, and therefore asks the court below to issue a peremptory writ of mandamus. The necessary preliminary to granting such a writ is an adjudication that the order of removal is void and of no effect. Appellant’s statutory term of office has now elapsed, so it is too late for a court to order her…