Chapman v. Stoneman
Before: Myrick, Sharpstein
Synopsis
Application for a writ of prohibition. The attorney-general on behalf of the people, filed with the governor specific charges of misconduct and neglect of duty on the part of the petitioners, composing the State board of prison directors, and asked their removal from office. The governor was proceeding to hear and determine the matter by a course of procedure similar to that provided for the trial of causes before the courts, and, after demurring to the charges on the ground of want of jurisdiction, the petitioners applied for a writ prohibiting the governor from proceeding further with the investigation.
0.1>. Darwin, Wm. TI. Sears, and A. L. Hart, for Petitioners.
Opinion — Myrick
Myrick, J. This is an application for a writ ¡irohibiting the governor of the State from proceeding with an investigation under the last clause of section 1, article x., of the Constitution.
We are of opinion that under the clause referred to the governor has authority and jurisdiction to proceed with the investigation sought to be arrested.
Application denied.
Thornton, J., Eoss, J., and McKjnstry, J., concurred.
Concurrence — Sharpstein
Sharpstein, J. I do not think that the proceedings which it is sought to have arrested are without or in excess of the jurisdiction of the governor, and I therefore concur in the denial of the writ of prohibition.
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