Woods v. Sheldon
South Dakota Supreme Court
Original application by Richard J. Woods against Charles H. Sheldon, governor, and another, for writ of mandamus. The facts are stated in the opinion.
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Original application by Richard J. Woods against Charles H. Sheldon, governor, and another, for writ of mandamus. The facts are stated in the opinion. When papers are presented as returns to county, district or state canvassers, it becomes the duty of the canvassers to determine on inspection of the papers, whether they are in form and substance legal returns, and also to determine on inspection of the papers and on consideration of their mode of presentation, whether they are authenticated returns. Paine on Elections, § 604; McCrary on Elections, § 227; 6 Am. & Eng. Encyc. of Law, 311;…
1ConcurrenceFuller, J.
I am convinced that this proceeding should be dismissed, for the reason that it appears affirmatively upon the face of the application for a peremptory writ of mandamus that the court is without jurisdiction of the subject-matter.
As the founders of the republic rightfully reposed equal confidence in each department of the government,, and assigned to each the performance of specific and independent duties, so the framers of our constitution, enlightened by the experience of centuries, divided the powers of government into three separate and distinct departments, — the legislative, executive…
2Cases cited12 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
- People ex rel. Billings v. BissellIllinois Supreme Court · 1857
- State ex rel. Low v. TownsSupreme Court of Georgia · 1850
- Rice v. AustinSupreme Court of Minnesota · 1872
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