People ex rel. Attorney General

By the Court,

Hastings, Ch. J. The counsel who appears for the attorney general in support of this petition, has, with much ability, urged upon the consideration of this court the two following points:—

1. The jurisdiction of this court to issue writs of quo war-ranto.

2. The merits of the present petition. The merits of the application ought not to be further inquired into, (if the court possess the jurisdiction,) than to ascertain whether there be reasonable ground for making the investigation proposed, inasmuch as such a question should remain open and undecided until all parties in interest shall be fully heard. Therefore this position of the counsel will not be further examined on the present petition. As to the jurisdiction of this court to issue such writs, it becomes important to consider the consequences which are to follow directly affecting the rules of practice in this court, [87]should ve entertain such a jurisdiction. It will be conceded that the office of this writ is to prevent the usurpation of any office, franchise or liberty, as also to afford a remedy against corporations for a violation of their charters tending to a forfeiture thereof. (Graham mi Jurisdiction of Supreme Court, 198.) It must follow, from the exercise of the remedies which this writ affords, that juries are to be empannelled to try the various issues of facts which, from the nature of the investigation, would bo of a wide range and of the most exciting character. Another consequence is the introduction into this court of rules of pleading of courts of original jurisdiction as to the malting up of issues, subpoenaing witnesses, taking of' depositions, granting continuances, rendering final judgments, and issuing final process.

Such being some of the consequences resulting from this jurisdiction, the question is at once suggested, whether the framers of the constitution of this state and the legislature intended to confer it upon this court, and whether by necessary implication we are not bound to infer an absolute inhibition against the exercise of such power. The legislature have not provided this court with a jury in any case, nor authorized it to cause an issue of facts to be made up in this court and referred to another court for trial. It is intended by the policy of our judicial system that all issues of facts are to be tried before the district and other inferior courts of this state.

The legislature have, however, in the act organizing this court armed it with all writs and process which may be necessary and incidental to an appellate jurisdiction, as by the seventh section of said act, it is provided that “the said court and each “ of the justices thereof shall have power to issue writs of “ habeas corpus, mandamus, injunction, certiorari\\ supersedeas, “ and such other writs and process known to the law as may be “ necessary to the exercise of their jurisdiction.”