The State of Florida ex rel. H. Bisbee, Jr. v. Geo. F. Drew

Summary

The Florida Supreme Court denied a petition for a writ of mandamus, holding that the Governor cannot be compelled by the courts to perform executive duties such as issuing a certificate of election, because such duties are political in nature and the Constitution guarantees separation of the executive from judicial control. The Court affirmed the lower court's refusal and emphasized the independence of the executive branch. Justice Westoott, dissenting, argued that the duty is ministerial and that the courts may enforce it by mandamus.