Wise v. Bigger

Citations

• 79 Va. 269
• 1884 Va. LEXIS 82

Syllabus

<p>1. Jurisdiction—Mandamus.—This court hath jurisdiction to declare what acts of the general assembly are and what are not laws, and to award a mandamus to compel the keeper of the rolls to strike from the rolls and the superintendent of the public printing to omit from the acts of the assembly any act which, in the judgment of this court, is not a law, upon the petition of a citizen of this commonwealth.</p> <p>2. Mandamus—When it Lies—When. Not.—This writ lies to compel performance of duties purely ministerial, but does not lie to compel performance of acts necessarily calling for the exercise of discretion on the part of the officer on whom they are incumbent.</p> <p>3. Legislature—Journals.—The journals of the legislature are records of its proceedings, importing absolute verity. When they show that an act has been passed in a regular manner, such showing cannot be impeached.</p> <p>4. Idem—Rules, &c.—Each house of the general assembly is vested with the power of making rules for its own government, to grant leave of absence, excuse members from voting, and recognize what are called pairs.</p> <p>5. Idem—Discretionary Powers.—The laying off and defining the congressional districts is the exercise of a political and discretionary power of the legislature.</p>