Majority
p. 625In the Matter of the Application of Edward F. Brush, Appellant, for a Writ of Mandamus to the Board of Inspectors and Poll Clerks for the First Election District of the Second Ward of the City of Mount Vernon. Board of Inspectors, etc., and Edwin W. Fiske, Respondents.
We are of the opinion that upon these papers the court below was not authorized or empowered in this proceeding to pass upon the validity of the forty-five ballots mentioned in its order. In this view, the proper disposition of the case is to affirm the order below, without any determination as to such validity.