State Ex Rel. Ricco v. Biggs

LATOURETTE, C. J.,

specially concurring.

I specially concur with the majority and take issue with the dissenting opinion as follows:

It is stated therein that:

“ ‘ * * # Judge Biggs has not refused to exercise his judicial function. He has merely (according to the court’s decision) determined erroneously a question of the validity of a statute, following the precedent established by this court in State v. Swanson, 119 Or 522, 250 P 216.

i ( * # * # *

“* * * The purpose of the writ of mandamus now issued is not to ‘compel the performance of an act which the law specially enjoins. ’ § 11-302, OCLA.…