34 S.C. 13 | S.C. | 1891
.The opinion of the court was delivered by
This petition was filed in, and addressed to, this court in the exercise of its original jurisdiction, praying that a writ of mandamus might issue, directed to the
But the law has been amended by the act of 5th of July, 1882 (17 Stat., 1172), expressly investing the Board of State Canvassers with judicial power in all cases under protest or contest. The language of that act is as follows: “All County. Boards of Canvassers, whether for State or federal elections, shall have the power, and it is made their duty, as judicial officers, to decide all cases under protest or contest that may arise, subject to appeal to the Board of State Canvassers, who shall also sit and act in all such matters as judicial officers.” In view of this explicit declaration of the law-making power, we do not see how it is possible to escape the conclusion that the Board of State Canvassers having acted as judicial officers in this matter, their action cannot be reviewed or revised .by mandamus.
For these reasons the order dismissing the petition has already - been entered.