People ex rel. Attorney General

By the Court,

The counsel who appears for the attorney general in support of this petition, has, with much ability, urged upon the consideration of this court the two following points:—

1. The jurisdiction of this court to issue writs of quo war-ranto.

2. The merits of the present petition. The merits of the application ought not to be further inquired into, (if the court possess the jurisdiction,) than to ascertain whether there be reasonable ground for making the investigation proposed, inasmuch as such a question should remain open and undecided until all parties in interest shall be fully heard. Therefore this position of the counsel will not be further examined on the present petition. As to the jurisdiction of this court to issue such writs, it becomes important to consider the consequences which are to follow directly affecting the rules of practice in this court, *87 should ve entertain such a jurisdiction. It will be conceded that the office of this writ is to prevent the usurpation of any office, franchise or liberty, as also to afford a remedy against corporations for a violation of their charters tending to a forfeiture thereof. (Graham mi Jurisdiction of Supreme…