State ex rel. Carpenter v. Superior Court

Citations

• 118 Wash. 664
• 204 P. 797
• 1922 Wash. LEXIS 723

Syllabus

<p>Certiorari (6) — Adequacy of Remedy by Appeal. Certiorari to the supreme court will lie to review a judgment in mandamus directing the clerk of a school district to call an election, where an appeal would be inadequate because of the necessity of giving notice of election before an appeal could be heard.</p> <p>Elections (46) — Votes—Canvass — Officers — Custody of Returns. Laws 1921, p. 181, § 5, providing that election officers in school districts in class “A” counties and counties of the first class shall count the ballots and make return to the proper officers of the districts is not unworkable and uncertain because of failure to provide for the canvassing of votes by a canvassing board, since the count and canvass of votes by the precinct election officers and their return to the custody of the proper officers of the district establishes a complete record of the votes from which the result of the election can be determined by computation.</p> <p>Same (47) — Canvass—Powers of Officers. An officer or body authorized to canvass election returns performs only a ministerial duty in summing them up and declaring the result, unless the statute expressly gives such officers some additional power.</p> <p>Same (46). The board of directors of a school district being the custodian of its records and papers, a return by election precinct officers of votes cast in a school election in class “A” and first class counties should be deposited with the clerk of the school board, under Laws 1921, p. 179, which supersedes the provisions of the general school election law in those two classes of counties.</p> <p>Same (12) — Election Precincts — Boundaries. The fact that boundaries of a school district are not coincident with boundaries of election districts as duly established in a county does not render the result of a school election uncertain, inasmuch as the qualification of the voter as a resident of the school district may be tested by the election officers.</p> <p>Same (31