Dorris v. Lloyd (No. 1)
Dorris v. Lloyd (No. 1)
Opinion of the Court
Opinion by
The court below correctly decided that plaintiff had no legal standing to institute these proceedings.
The action is one of mandamus. Plaintiff, Dr. John L. Dorris, filed a complaint in his capacity as County Chairman of the Democratic Party, but averred that he was proceeding also on behalf of the Democratic candidates who ran for office on the Democratic ticket
In substance the complaint avers that defendants have neglected and wilfully refused to perform the duties imposed upon them by law, more especially those provided in the Act of June 3, 1937, P.L. 1333, Art. Ill, Sec. 302 (g) as follows: “To instruct election officers in their duties, calling them together in meeting whenever deemed advisable, and to inspect systematically and thoroughly the conduct of primaries and elections in the several election districts of the county to the end that primaries and elections may be honestly, efficiently, and uniformly conducted.” And (i): “To investigate election frauds, irregularities and violations of this act, and to report all suspicious circumstances to the district attorney.”
The complaint detailed some alleged instances in which defendants did not perform these duties, and it prayed that they be commanded to abide by and comply with the laws of the State of Pennsylvania and to carry out the duties of inspection, investigation and report set forth in the portions of the act above quoted. Defendants moved to strike off the complaint, and the court, treating this motion as in the nature of preliminary objections, entered judgment in favor of the defendants, from which order plaintiff now appeals.
The Mandamus Act of June 8, 1893, P.L. 345, Section 3, provides that “The writ of mandamus may issue upon the application of any person beneficially
Even before the passage of the act it had been uniformly held that when public rights are to be sub-served only public officers may, ordinarily, apply for the writ, and that a private individual cannot do so unless he can show some particular right or privilege of his own independent of that held in common with the public at large: Heffner v. The Commomoealth ex rel. Kline, 28 Pa. 108; Commonwealth ex rel. Snyder v. Mitchell, 82 Pa. 343. Since the passage of the act there have been numerous authorities holding to the same effect, namely that, where the duty of an officer under a statute is a public one, it can be enforced only at the suit of the attorney general or the district attorney of the proper county or by a private citizen who has a specific and independent legal right or interest in himself different from that of the public at large or who has suffered an injury special and peculiar to himself: Stegmaier v. Jones, 203 Pa. 47, 52 A. 56; Davidson v. Beaver Falls Council, 348 Pa. 207, 34 A. 2d 505; Kulp v. Board of Inspectors of Berks County Prison, 102 Pa. Superior Ct. 310, 156 A. 547; Butcher v. Philadelphia Civil Service Commission, 163 Pa. Superior Ct. 343, 61 A. 2d 367. It is necessary too, in order to entitle a private citizen to enforce a public duty, that his interest or his injury be different not merely in degree but also in kind and nature from that of the general public: Commonwealth ex rel. The Attorney General v. Mathues, 210 Pa. 372, 376, 59 A. 961, 963.
There are other reasons why the complaint in these proceedings must fail. Mandamus lies only to compel the performance by a public officer of a ministerial duty and, while there undoubtedly are some duties imposed by law upon county boards of election that are purely ministerial, it is gravely doubtful whether the inspection of the conduct of primaries and elections and the investigation of election frauds do not involve the exercise of a broad range of discretion in the manner and extent of their performance. Moreover, a fatal objection to the granting of the relief here sought is the fact that, as stated in 55 C.J.S., 109, 110, §66: “The ordinary office of the writ of mandamus is to coerce the performance of single acts of specific and imperative duty, . . .; and ordinarily it is not an appropriate remedy to compel a general course of official conduct or a long series of continuous acts, to be performed under varying conditions, . . .”. To this there is added in 34 Am. Jur. 864, §74: “It is plain that where the court is asked to require the defendant to adopt a course of official action, although it is a course required by statute and imposed upon the official by law, it would be necessary for the court to supervise, generally, his official conduct, and to
The judgment is affirmed.
Dissenting Opinion
Dissenting Opinion by
The strength of the American Republic, the durability of its freedom-dedicated institutions, the glory of its enlightened achievements and the assurance of its
The Republican and Democratic Parties in the United States are not simply vote-seeking organizations; they are official bodies horn of the Constitution and the law of the land. The officials of each party obtain their positions through the same processes of popular selection which control the election of legislators, executives and judges. The plaintiff in this case, Dr. John L. Dorris, is the chairman of the Democratic Party of Luzerne County by virtue of the vote of Democratic electors. As county chairman of the Democratic Party he has serious responsibilities, one of which is to maintain an ever vigilant eye on the activities of the opposition party. The chairman- of the Republican Party, of course, has the same- responsibilities as against its opposition party.
I, therefore, do not agree with the majority Opinion that the plaintiff does not have a particular interest in the subject matter of this litigation apart from that generally entertained by the public. The duly elected chairman of a political party has not only an interest in the proper discharge of their public functions by government officials, but he has a duty to protest, in such manner as is open to him to protest, against any misconduct or assumed misconduct on the part of government officials. All that the plaintiff desires and asks for in this case is an opportunity to present his facts in Court. If his presentation does not make out a prima facie case, his complaint will be
In the case of Sherman v. Yiddisher Kultur Farband, 375 Pa. 108, 117, I expounded at length my views on the rights of American citizens to initiate legal proceedings in matters involving the security of the Nation. The same principle is applicable here insofar as it appertains to the welfare of a County.
Each morning the Court Crier of this Court opens the session by proclaiming: “All manner of men who stand bound by recognizance or otherwise have to do before the honorable, the Justices of the Supreme Court of Pennsylvania, here holden this day may now appear and they shall be heard.” (Emphasis supplied)
I would hear the plaintiff in these proceedings and order that he be heard in the court below.
Reference
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- Dorris, Appellant, v. Lloyd
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