25 Colo. 447 | Colo. | 1898
Lead Opinion
delivered the opinion of the court.
It will be observed that the question which petitioner seeks to have determined in this proceeding, is, which of the respective factions is entitled to the name and emblem of the Silver Republican party? When the petition was first presented on application for rule to show cause why the court should not take original jurisdiction, counsel for respondent Broad strenuously insisted that the questions involved were such
Jurisdiction, as applied to a court, is the power to hear and determine a cause: Bouvier; Bassick N. Co. v. Schoolfield, 10 Colo. 46 ; and unless it is clothed with such power over the subject-matter of the action and the parties, its proceedings in that particular cause will be void: 12 Enc. of Law, 311; and, therefore, the question becomes one of prime importance in this case. By the constitution, the jurisdiction of this court is limited to appellate, and a general supervisory control over inferior, courts, except such original jurisdiction as is thereby specially conferred. Secs. 2 and 3, art. VI, Const.; Wheeler v. N. C. I. Co., 9 Colo. 248. Section 3 of the constitution provides, that this court shall have power to issue certain specific writs, among which is included that of injunction, and is also empowered to issue “ other original and remedial writs.” It was clearly the intent of the framers of the constitution to limit the original jurisdiction of this court to those cases in which the writs thereby contemplated might issue; and unless a given case is of that character that one of such writs may issue, this court is without power to entertain it in the first instance. Wheeler v. N. C. I. Co., supra ; People v. McClees, 20 Colo. 403 ; Foster v. Moore, 4 Pac. Rep. 850; King v. Hall, 66 N. W. Rep. 642; State v. Archibald, 66 N. W. Rep. 234. Such being the rule by which to deter
Petitioner prays that pending the final determination of this action, each of the respondents, their agents and associates, and the subordinate organizations of the respective factions and their nominees throughout the state, be' enjoined from further contesting or litigating over the questions involved, and that on final hearing such injunction be made perpetual, as against the unsuccessful respondent, his associates and the subordinate organizations of his faction and their nominees. Petitioner institutes this action in his official capacity. It was said in argument, that his petition was in the nature of a bill of interpleader, but it has none of the elements of that character of action. True, according to the averments of the petition, both parties are claiming the same name and emblem, but the law imposes upon him, as a tribunal, the duty of determining which is entitled to the subject-matter of the controversy, and he is not, therefore, in the attitude of having conflicting claims made to a subject in dispute in his possession, in which he has no interest and in relation to which he is under no obligation to either party; and, therefore, he is not entitled to an injunction, either temporary or permanent, enjoining the respondents from litigating the question as to which is entitled to the name and emblem of the party, in so far as it depends upon the two state conventions, or pursuing that method of procedure which the law provides for the determination of disputes of this character, and therefore, no facts are pleaded which entitle him to maintain this action as against either of the respondents, in so far as the questions involved depend upon the proceedings of the two state conventions, and if this action should be permitted to proceed, it would be one at law between the respondents, in which the one question to settle would be, which is entitled to the name and emblem of the Silver Republican party, a question petitioner has already settled in
Petition dismissed.
Goddard, J., dissents.
Concurrence Opinion
concurring specially.
In the conclusion reached by Mr. Justice Gabbert I con
Upon several other, and .quite different, grounds from that given in the foregoing opinion can the decision, to my mind, as well be put. One point strongly urged in argument by counsel for the petitioner and counsel for the respondent Stevenson, who joins with him in asking for the rule, is that the decision of the pending dispute between the rival state factions of a party over the right to the use of the party name and emblem for the state ticket nominated by the state convention, will settle the same right for all the subordinate organizations of the party, such as those which have nominated tickets in the congressional, senatorial and representative districts, and the several counties and precincts of the state.
The argument is that á political party is a unit whose expression in this case is represented by a ticket nominated by the state convention of the party, the highest authority therein, and this unit is made up of the sum total of its integral parts represented by its state, congressional, senatorial, representative, county, and precinct tickets, and that the rights and limitations of the subordinate integral parts must depend upon, and be governed by, the rights of the parent body which includes them all.
Conceding this proposition to be true, and if,- for the present purpose only, the further concession be made that this court has lawful jurisdiction to entertain this controversy,
The legislature has passed an act providing a special tribunal (and the procedure therein to be observed) for hearing controversies like that before us, and the parties should be required to conform to it. Thereby the secretary of state is made a special tribunal for determining them; and, as a matter of fact, the precise question which he asks us to decide, upon the ground that a multiplicity of suits will be avoided, he has already passed upon, and his judgment is now undergoing a review in the district court of Arapahoe county, and can be reviewed here, in ample time before the election, to protect the rights of all concerned. As well might the district court upon which is conferred jurisdiction to hear and determine any kind of controversies, come into this court and ask us to assume original jurisdiction in a particular case, so that it, as an inferior court, may have a guide for determining a number of other similar controversies which it apprehended might, in the due course of litigation, come before it for trial. The position of the petitioner here is even less meritorious than the supposed case, for, as we have said, he has already determined the very controversy, and his decision is being reviewed in the district court. Merely because a decision of this court will be controlling in all subsequent similar controversies that may come before him and the various county clerks and inferior courts, and thus relieve them from exercising an inde
For these, and other, reasons that might be given, do I concur in the judgment dismissing the proceeding.