Paulich v. Republic Coal Co‪.‬

CONSTITUTIONAL LAW, Vacancies in Office, Governors Duty to Fill — ELECTIONS, Voting, Absent Voters Ballots, Voting by Absent Voters Ballot a Privilege, Not a Right, Right to Enjoin Elections — INJUNCTIONS, Right to Enjoin Public Officer Acting for Benefit of Public — OFFICERS — PUBLIC OFFICERS, Vacancies in Public Offices, Filling of, Appointment by Governor, Duration of Appointees Term, Election of Successor, Nomination by Political Party Convention. 1. Public Service Commissions — Public Officers — Vacancies on Board of Railroad Commissions — Elections. The office of railroad commissioner is one that is required to be filled by the voters at the general elections held biennially, and it is only when a vacancy occurs that a temporary appointment is authorized to stop the gap and permit the board to continue to function with three members until the electors are presented with their first opportunity to select, at the next general election following the occurrence of the vacancy, the appointees successor. 2. Elections — Public Officers — Special Elections not permitted. There can be no special election to elect the successor to one appointed to fill a vacancy on the railroad commission. 3. Elections — Constitutional Law — Secretary of State may certify nominees outside of time limits. Statute prescribing time limit within which Secretary of State must certify nominees to county clerks and recorders did not apply to case where member on railway commission resigned 32 days before general election, and in such case secretary could certify nominees outside the time limit. 4. Injunction — Injunction does not lie here. Plaintiff whose only interest in seeking to enjoin Secretary of State from certifying nominees was as a taxpayer and a prospective absentee Page 326 voter, and who failed to show prospective injury to any property or civil right, had no standing or capacity to invoke equitable cognizance of the purely political question or to be granted the injunction sought. 5. Prohibition — Prohibition lies to vacate injunction. Where plaintiff had no standing to bring suit for injunction against Secretary of State, and the action sought to be enjoined was an official duty for the public benefit, award of injunction was in excess of jurisdiction, and prohibition would lie to vacate it.