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· 2/14/1913

State ex rel. McCallum v. Superior Court

Citations

  • 72 Wash. 144
  • 129 P. 900
  • 1913 Wash. LEXIS 1420

Syllabus

<p>Intoxicating Liquors — Local Option — Elections —■ Contests— Review — Jurisdiction—Certiorari. In view of Rem. & Bal. Code, § 6313, providing for contesting the validity of local option elections and conferring upon the superior court final jurisdiction to determine the merits, a judgment of the superior court dismissing an action to declare a local option election null and void cannot be reviewed on the merits in the supreme court by writ of certiorari.</p> <p>Same — Contest or Election — Courts—Jurisdiction. As a local option election affects the public and not private interests, and determination of contests belongs to the political rather than the judicial branch of the government, the legislature has the power to confer final jurisdiction of election contests upon the superior court, notwithstanding the constitutional provision vesting in the supreme court the power to issue writs of review.</p>

Judges: Morris

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