State ex rel. Elwood v. Lovering

Citations

• 78 Wash. 624
• 139 P. 617
• 1914 Wash. LEXIS 1071

Syllabus

<p>Justices oe the Peace — Election — Number — Salary — Population of City — Determination — Statutes — Construction. Under Const., art. 4, § 10, requiring a salary in lieu of fees for justices of the peace in cities of more than 5,000 inhabitants, and Rem. & Bal. Code, §§ 6532, 6535, providing for one justice and1 for a salary of $1,200 per annum in such cities, payable by the county, an official determination of the population is essential to entitle a justice to the salary; and Rem. & Bal. Code, §§ 7479, 7485, 7487, authorizing a census by-officers of a city of the third class for specified purposes do not authorize the city to determine the population of the city for this purpose; especially where the finding was not acted upon by election officers in giving notice of the election of two justices, which is done only in cities of less than 5,000 inhabitants.</p> <p>Same — Number—Salary—Determination of Population. Where two justices of the peace were elected, pursuant to due notice, in a city of the third class, which is done only in cities of less than 5,000 population, the courts will not determine the population on the application of one of the justices, claiming a salary in lieu of fees, under Rem. & Bal. Code, §§ 6532, 6535, providing for but one justice, with such salary, in cities of over 5,000 inhabitants; even though the other justice elected did not qualify, as the office would not lapse from failure of an officer to qualify.</p>