State ex rel. Dollard v. Board County Commissioners

Citations

• 1 S.D. 292
• 46 N.W. 1127
• 1890 S.D. LEXIS 34

Syllabus

<p>1. Under Sections 2 and 3, art. 5, of the constitution of the state, the original jurisdiction of the supreme court includes the power to issue, hear, and determine a writ of certiorari under such regulations as may be .prescribed by law; where judicial questions are involved affecting the sovereignty of the state, its franchises or prerogatives, or the liberties of its people.</p> <p>2. An affidavit of the attorney general of the state, alleging that the board of county commissioners of an organized county has unlawfully established voting precincts and appointed judges of election and places for holding elections in territory outside of and beyond the limits of its county, to-wit in unorganized counties attached to such organized county “for judicial purposes,” and that such acts are in violation of the election laws of the state, and an unlawful interference with the elective franchise of the state, and an injury to the rights and elective franchise of all the citizens of the state, presents a case for the exercise of such original jurisdiction by this court, whor.e there is no writ of error, appeal, or other plain, speedy, and adequate remedy.</p> <p>3. In such case, the affidavit being made by the attorney general in behalf of the state, it is made by a party “beneficially interested.”</p> <p>4. The power and authority to make such affidavit, and to apply for and prosecute such writ for the review of such proceedings, are inherent in the office of the attorney general upon principles of general law, . and do not depend upon any express statute.</p> <p>5. A writ of certiorari issued under Section 5507, Comp. Laws, authorizing such writ, “when inferior courts, officers, boards, or tribunals have exceeded their jurisdiction,” will reach, or bring before the court for review, the proceedings of such board of county commissioners, in respect to the acts so complained of, as in excess of the jurisdiction of said board, where there is no writ of error, appeal, nor,