Page:State v. Johnson.pdf/15

26 Ark.]  1870.]

Motion to Dismiss for Want of Jurisdiction
[On the 22d of February, 1871, a motion was made to dismiss for want of jurisdiction, on the ground that this court had no power or authority to impanel a jury.]

MC, C.J.

If has already been very clearly intimated that this court would hear the facts in this proceeding and dispose of the case on its merits. If the case should be dismissed at this stage, the jurisdiction in quo warranto would cease when an issue of fact was presented for trial, and the result of such a holding would be that it would have jurisdiction in cases where no question of fact was presented, and that if a question of fact should be presented, this court would be ousted of jurisdiction. The jurisdiction of this court is not to be measured, nor does it hang upon so feeble a tenure.

[On the 25th of February, 1871, the court, after hearing the evidence, delivered the following opinion.]

MC, C.J.

The court are unanimously of opinion that the evidence presented in this case shows that the respondent qualified and entered upon the discharge of his duties within the time prescribed in the schedule. The fact of election of respondent being conceded, the only thing at issue in the case is established. It is therefore considered that the respondent have and use and exercise the rights, privileges and franchises of the office of Lieutenant Governor of the State of Arkansas, and that he be allowed his costs in this behalf expended.

G, J., dissenting, says:

The relation of the attorney general, after announcing that had usurped and exercised the office of