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The American Judiciary by LLD Simeon E. Baldwin
page 65 of 388 (16%)
U. S. Reports, 1.] No such writ will be issued, however, when
the case is of a political nature and involves the exercise of
any official discretion,[Footnote: Georgia _v._ Stanton, 6
Wallace's Reports, 50.] nor under any circumstances against the
President of the United States.[Footnote: Mississippi _v._
Johnson, 4 Wallace's Reports, 475.] As to whether it can in some
cases be granted by a State court against the Governor there is a
conflict of authority.

The development of party government in the United States has led
of recent years to much legislation for the regulation of party
conventions and party organization in the interest of fair
dealing and public order. Statutes of this nature relating to
the form and heading of ballots for use at popular elections are
common. If conflicting factions contend for the right of issuing
ballots in the name of the same party, the courts may be called
upon to decide between them on an application for an injunction
or writ of mandamus. The legislature, however, may provide that
some standing agency or committee of a party shall decide finally
upon any such conflicting claims, and in such case their decision
will be conclusive upon the courts.[Footnote: State _v._
Houser, Wisconsin Reports; 100 Northwestern Reporter, 964.]

When title to a political office is contested, the courts, unless
there is some constitutional provision to the contrary, may be
appealed to for a decision. This is true even in respect to the
office of Governor.[Footnote: Boyd _v._ Thayer, 143
U. S. Reports, 135; Taylor _v._ Beckham, 178 U. S. Reports,
548; State _v._ Bulkeley, 61 Connecticut Reports, 287.] It
is a remedy which has been, though in rare instances, abused for
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