Ex parte Scarborough

Citations

• 34 S.C. 13
• 12 S.E. 666
• 1891 S.C. LEXIS 18

Syllabus

<p>1. Mandamus to Public Board. — Where a board of officers act judicially in reaching their conclusion and in rendering their decision, the writ of mandamus can issue only to compel action, and after action taken, the writ cannot issue to correct alleged errors in the action so taken.</p> <p>2. State Canvassers — Powers—Mandamus.—-The act of 1882 (17 Stat., 1172) declares: “All County Boards of Canvassers, whether for State or federal elections, shall have the power, and it is made their duty, as judicial officers, to decide all cases under protest or contest that may arise, subject to appeal to the Board of State Canvassers, who shall also sit and act in all such matters as judicial officers.” On a contest before a Board of County Canvassers the contestant was declared to have received the highest number of votes for State senator, but on appeal by the contcsteo to the State Board, the action of the County Board was reversed. Held, that the State Board of Canvassers had judicial powers, and therefore a writ of mandamus could not issue to compel them to declare the contestant elected.</p> <p>3. Power of State Senate over its Members. — The action of the State Board was subject to the constitutional right of the State Senate to pass finally on the election returns and qualifications of its own members.</p>