State ex rel. Bisbee v. Drew

The Chief Justioe

delivered the opinion of the court.

The proposition of the petitioner is that the Judicial Department of the government may control the Executive in reference to an executive duty. He alleges that having been duly certified to be elected to the Congress of the United States, and having presented to the Governor the legal evidence of his election, the Governor refuses to issue to him the executive certificate, under the great seal of the State, which the Legislature, by a long standing statute, has directed him to issue.

The statute is plain that this is a duty of the Governor,…