282 Mass. 74 | Mass. | 1933
This is a petition for a writ of mandamus. As the issues now stand the case relates to a recount of votes cast at the State election held on November 8, 1932, respectively for John J. Gilmartin, hereafter called the petitioner, and Louis N. M. DesChenes, who has been permitted to intervene and who will be hereafter called the intervenor. These two were rival candidates for election as one of the two representatives to the General Court from the Eleventh Worcester District, made up of certain wards in the city of Fitchburg and of the town of Lunenburg. The result of the original count of these votes showed that the intervenor was elected. On November 16, 1932, there
On January 10, 1933, final findings of fact were made and the case was reserved upon the facts found for determination by the full court. It came on for argument before us on February 7, 1933.
In the meantime the General Court convened on January 4, 1933. By reason of the notoriety attaching to events of such public interest, it has become matter of general knowledge, of which the court take cognizance, that the certificate issued showing the election of the intervenor has been presented to the House of Representatives (G. L. [Ter. Ed.] c. 3, §§ 1, 2; c. 54, §§ 128,129,135), and that the petitioner has taken action to contest the election of the intervenor, that before a committee of the House of Reprer
It is provided by the Constitution of the Commonwealth, c. 1, § 3, art. 10: “The house of representatives shall be the judge of the returns, elections, and qualifications of its own members, as pointed out in the constitution . . . .” It is also provided by c. 1, § 3, art. 11: “And the senate and house of representatives may try, and determine, all cases where their rights and privileges are concerned, and which, by the constitution, they have authority to try and determine, by committees of their own members, or in such other way as they may respectively think best.” Jurisdiction to pass upon the election and qualification of its own members is thus vested exclusively in the House of Representatives. “No other department of the government has any authority under the Constitution to adjudicate upon that subject. The grant of power is comprehensive, full and complete. It is necessarily exclusive, for the Constitution contains no words permitting either branch of the Legislature to delegate or share that power. It must remain where the sovereign authority of the State has placed it.” Dinan v. Swig, 223 Mass. 516, 517. The House of Representatives is “thus made the final and exclusive judge of all questions, whether of law or of fact, respecting such elections, returns or qualifications, so far as they are involved in the determination of the right of any person to be a member thereof.” Peabody v. School Committee of Boston, 115 Mass. 383, 384.
It is manifest from the facts already stated that the-House of Representatives is exercising its jurisdiction over the entire subject of the returns, election and qualification of the member entitled to sit for the Eleventh Worcester District as between the petitioner and the intervenor as rival claimants, and that it is proceeding to a final determination of that subject.
The petitioner contends that this court should nevertheless order that the respondents, the registrars of voters, count the ballots in conformity to the facts as found on this
It is unnecessary to determine questions raised by the petitioner as to the regularity of the issuance of the certificate to the intervenor. That and all cognate matters at this stage have come within the jurisdiction of the House of Representatives. The decision of such questions has become moot so far as this court is concerned and therefore any decision would be nugatory or unavailing. Sullivan v. Secretary of the Commonwealth, 233 Mass. 543. It is not necessary to consider other questions which have been argued. The result is that the order must be
Petition dismissed.