94 Wash. 232 | Wash. | 1917
The Kittitas reclamation district is an irrigation district organized under the laws of this state. Its business and affairs are conducted by a board of three directors, who hold office for three-year terms, but such terms expiring so that one new director is chosen each year. In December, 1914, no election was held and one director held over. In December, 1915, an election was held at which there were to be chosen one director for a full term of three years and one for the unexpired two years of the term for which no one was chosen the previous December. At this election, there were four candidates, viz.: Edes, Casey, Catlin, and Roseburg. No provision is made by the statute for a form of ballot to be used at such elections. At the 1915 election, the ballots used failed to designate the term of office for which the several candidates were nominated or to which they were seeking to be elected. Consequently, when such a ballot was marked and cast, there was nothing on its face to indicate which candidate was voted for for the full term and which for the unexpired term. The election returns, made and certified by the precinct election officers, stated merely that 174 votes had been cast for each Edes and Casey and 160 votes had been cast for each Catlin and Roseburg.
On December 20, the canvassing board met, examined the returns, and proceeded to open and pass upon the original ballots cast at the election and, as the result of the canvass and count so made, declared that Catlin had been elected for the full term and Roseburg had been elected for the two-year term. Thereafter, on January 4, Catlin and Boedcher, two members of the canvassing board, sitting as such, passed a
The sole question to be decided is whether the lower court erred in striking from the affidavit the matter indicated. Section 6424, Rem. Code, defining the duties of the canvassing board for such districts, is as follows:
“The canvass must be made in public and by opening the returns and estimating the vote of the district, for each person voted for, and declaring the result thereof.”
It will be seen that the duty imposed is the one usually devolving on such boards. It is elementary that it is not the office of a writ of mandamus either to confer powers or to impose duties. It may be employed only to compel the exercise of powers or the performance of clear duties which already exist. Stated in other words, mandamus will not lie to compel a board or tribunal to do that which it could not lawfully do without such mandate. Neither will it issue to compel the performance of an act which can accomplish no useful purpose. It seems too plain to justify argument that the canvassing board under the statute quoted would have no power voluntarily to go behind the returns of election as certified by the precinct officers, and it is equally plain that, if it had such power, no useful purpose could be accomplished
Affirmed.
Morris, C. J., Main, Ellis, and Chadwick, JJ., concur.