State ex rel. Bennett v. Taylor

Citations

• 54 Wash. 150
• 102 P. 1029
• 1909 Wash. LEXIS 961

Syllabus

<p>Prohibition — Jurisdiction—Effect of Stipulation. Under Const., art. 4, § 4, and Bal. Code, § 5769, the supreme court has power to issue a writ of prohibition only to restrain the exercise of an unauthorized judicial or quasi judicial act, notwithstanding a stipulation of the parties to the application limiting the inquiry to the constitutionality of a specified statute.</p> <p>Same — Grounds—Nonjudicial Act of Superior Judge — Appointment of Water Commissioner. Laws 1907, p. 285, § 1, authorizing the superior court, upon an ex parte application of the owner or manager of an irrigation reservoir for the storage of waters, to appoint a water commissioner to control and regulate the head gates in accordance with court decrees or the legal rights of interested owners, prescribes only ministerial or administrative duties, and not judicial or quasi judicial duties, and has no relation to judicial proceedings, where removal was the only power that the court could exercise over him; hence the supreme court has no jurisdiction to prevent the appointment .by writ of prohibition.</p>