People ex rel. Henry W. Cooley v. Emanuel Fitz-Gerald, Mayor of Port Huron, and Frank L. Follansbee, Clerk.
Contested election — Final decision of statutory tribunal.
The charter of Port Huron makes the common council the final judges of the election of aldermen. Held that mandamus would not lie to compel them to reinstate one whom they had excluded without a proper hearing on the merits.
Mandamus applied for to compel relator’s reinstatement in the office of alderman from which he had been excluded by action of the common council declaring his opponent elected, and as he claimed without a proper hearing upon the merits.
Submitted and denied June 3.
A. R. Avery and D. C. Holbrook for relator.
Per Curiam.
The charter of Port Huron in force when this controversy began made the common council the final judges as to the election of its members. It was not contemplated that such questions should be subjected to the delays and formalities of judicial proceedings. No doubt fairness requires that the rights of parties in such cases shall not be disposed of without giving them a chance to be heard, but although the course taken, if the papers are true, was very censurable, we' cannot review it.
Mandamus refused.