State ex rel. Heilbron v. Van Brocklin

Citations

• 8 Wash. 557
• 36 P. 495
• 1894 Wash. LEXIS 109

Syllabus

<p>QUO WARRANTO — WHEN LIES —REVIEW OF ACTION OF MAYOR IN REMOVING AN OFFICER — PLEADING — NON-FEASANCE IN OFFICE — JUDGMENT FOR DAMAGES.</p> <p>Although the charter of a city authorizes the mayor to remove any appointive officer for cause, after a hearing upon charges preferred which is judicial in its character, yet, under Code Proc., §679, quo warranto, and not certiorari, is the proper action for reviewing the legality of the proceedings before the mayor.</p> <p>In an action of quo warranto by a member of the board of public works of the city of Seattle, who had been removed from office by the mayor on the ground that he had violated a provision of the city charter declaring that no member of any board shall be directly or indirectly interested in any contract with the city or for its use, the charge being that the board of public works had voted to place insurance on property of the city with certain companies represented in Seattle by a corporation of which the relator was a stockholder, an answer setting up that the relator had been found to be a trustee in such corporation does not accord with the charge, and is demurrable.</p> <p>When the chief executive duties of a city are confided by its charter to the board of public works, and it is given control of all public work, the water system, streets, sewers, wharves, parks, lights, city property, and street improvements and assessments, and the members are paid a salary of $1,500 per year, payable monthly, a member of the board is guilty of non-feasance in office when he confines his services to attendance upon the meetings of the board, whose meetings are about fifteen in number per month, lasting about one hour each, and neglects to personally visit and inspect any of the public works going on under the direction of the board, some of them involving unnecessary and extravagant expenditure, on which reports are made to the council without personal knowledge on the part of such member of the character of the w