Opinion

State ex rel. Case v. Superior Court

  • 81 Wash. 623
Court
Washington Supreme Court
Filed
Sep 21, 1914
Status
Published
Author
Main
On the bench
Chadwick, Gose, Main, Parker
Cited by
43 cases

The opinion

Main, J.

(dissenting) — I am unable to concur with the view expressed in the majority opinion that the finding of the local certifying officer is final and conclusive and not subject to review. What may be the scope of the power of the secretary of state is not involved in these cases. The causes are here for review upon judgments of the superior court. When either the proponents or the opponents of a measure are dissatisfied with the action of the secretary of state, they may bring the matter before the superior court for a trial and determination. Upon this trial the court has the power to determine all questions of law and fact that may arise, the same as in any other action. The statute provides that, by certiorari, the judgment of the superior court may.be reviewed by this court. To determine the questions presented upon the various measures which are involved would require a detailed examination of the record in each case. This would consume possibly a week’s time and unnecessarily delay the decision, since the majority opinion would prevail in any event.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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