11 N.W.2d 680 | Wis. | 1943
Application to this court on the petition of Earl J. Heffernan for leave to commence an original action for a writ ofmandamus commanding the Hon. EDWARD J. GEHL, presiding as circuit judge in the circuit court for Rock county, to consider and decide questions of jurisdictional error raised by petitioner on his appeal, under sec.
The trial court rightly concluded that the issue to be determined on an appeal under sec.
"Upon this retrial the only question to be reviewed by the court is the question, `Under the evidence was the decision of the board reasonable?' . . . The object evidently was to require that the decision should not be whimsical, capricious, or merely partisan, but a decision founded on some rational view of the evidence."
Likewise there is applicable to sec.
"The law creates a new remedy to meet a new situation. The principle is familiar that under such circumstances the remedy is exclusive and is subject to the conditions and limitations which legislative wisdom has seen fit to throw around it." (p. 633.)
Consequently as the legislature in sec.
". . . the question of its [administrative board] jurisdiction is one always open to the courts for review; it cannot itself conclusively settle that question and thus endow itself with power. If no appeal from its conclusions be provided, the question whether it has acted within or exceeded its jurisdiction is always open to the examination and decision of the proper court by writ of certiorari."
In the Workmen's Compensation Act, ch. 102, which was under consideration in the Borgnis Case, supra, the legislature, in connection with authorizing, in sec.
By the Court. — The application for leave to bring an original action is denied.