Kimball v. Olmsted

Citations

• 20 Wash. 629
• 56 P. 377
• 1899 Wash. LEXIS 215

Syllabus

<p>MUNICIPAL CORPORATIONS OFFICERS—POWER OF REMOVAL—RIGHT TO HEARING-REMEDY FOR RECOVERY OF OFFICE.</p> <p>Under § 128 of the city charter of Spokane, which provides that any member of the city board of health “may be removed upon the recommendation of the mayor, by a majority vote of all the members of the city council, or may be removed by the vote of two-thirds of the members of the city council without recommendation of the mayor after charges have been preferred,” where a member of the board is removed by the council upon the recommendation of the mayor, he is not entitled to have charges preferred against him and a hearing granted thereon. (Anders and Fullerton, JX, dissent.)</p> <p>Mandamus is not the proper remedy where one has been illegally removed from office, when the legality of the removal is a disputed question, depending upon the construction of statutory provisions. (Anders and Fullerton, JJ., dissent.)</p>