Opinion
No. 26,447.
Filed June 8, 1936.
1. ELECTIONS — Political Parties — Organization and Regulations — Judicial Jurisdiction Over. — Courts of equity have no jurisdiction to try disputed questions concerning the organization and functioning of political parties, nor to pass upon the qualification of their officers or delegates to the various conventions, such questions being referable to the statutory party organization. p. 216.
2. PROHIBITION — Acts and Proceedings of Courts — Interference With Organization of Political Parties. — Prohibition would lie to prevent circuit court from enforcing its restraining order which had the effect of interfering with a political party's organization of a county central committee. p. 216.
Original action by the State on the relation of Joshua L. Blaize and others against William S. Hoover, judge of the Knox Circuit Court, for a writ of prohibition. Temporary writ made permanent.
Floyd L. Young, for appellants.
Arthur L. Gilliom and Shake Kimmell, for appellee.
This is a petition for a writ prohibiting the respondent from enforcing a temporary restraining order, restraining the relators from acting in the capacity of officers of the Knox county democratic central committee, and from sitting, or attempting to sit, in a meeting for the election of a democratic district chairman. Upon the filing of the petition, a temporary writ issued.
It must be considered as settled that courts of equity have no jurisdiction to try disputed questions concerning the organization and functioning of political parties, nor 1, 2. to pass upon the qualifications of their officers or delegates to their various conventions. Such questions are properly referable to the statutory party organization. State ex rel. Coffin v. Superior Court of Marion County et al. (1925), 196 Ind. 614, 149 N.E. 174; State ex rel. Coffin v. Marion Circuit Court (1925), 199 Ind. 4, 145 N.E. 883.
The temporary writ is made permanent as of the date of its issuance.