Show THE MANDAMUS CASE OF TUB in the district court for the th rd jud jul judicial acial district of utah rit rix i tory the people of the territory of utah on the relation of geo Q cannon camion vs arthur L thomasi thomas acting governor of utah J the demurrer of said respondent to the alternative writ of mandate issued and served in this tim action having been heretofore argued by J G sutherland and P T van zile and by arthur brown attorney for he relator and the court ii having avine duly considered the same and IT it not appearing in and by said alternative writ that when the demand therein mentioned was made and when this writ was commenced the respondent was empowered to act and acting in the place of the governor of said territory and it being considered that theau ties of the governor of said territory in the matter of declaring who has received the greatest number of votes for the office of delegate to congress are such as to require the of judgment and discretion and are not merely minis ministerial since there is no law federal or territorial directing upon what evidence the inqui inquiry and decision shall be made and it being also considered that the governor of r ald pa fald iu territory is the chief officer of a ordinate coordinate co and independent branch of or the government ern ment and that this court has no jurisdiction by mandamus to control him in the sphere of his executive duties requiring the exercise of discretion therefore as the objections raised by said demurrer cannot be removed by amendment and no motion for leave lo 10 ameni amend having been made in behalf of the relator it is ordered and adjudged that tb the 0 said demurrer be sustained that the said alternative writ is not sufficient in law to require the respondent to show cause is a a therein required nor cor to tt entitle the relator to have and maintain this action for a peremptory writ of mandate and that the respondent go thereof without day it i 1 further ordered and adjudged that the respondent have and recover against the said people ills llis costs coats of this suit STEPHEN P twiss judge |