State ex rel. Lopas v. Shagren

Citations

• 91 Wash. 48
• 157 P. 31
• 1916 Wash. LEXIS 999

Syllabus

<p>Counties- — Officers—County or State — Game Commission and Wardens- — Statutes. The fact that the game code of 1913 (3 Rem. & Bal. Code, § 5395-1 et seq.) refers in the title and body of the act to “county game commissions” and “county game warden,” does not necessarily make them county officers, within Const., art. 11, § 5, requiring the legislature to provide for the election of county officers; and in view of the fact that they are appointed by and under the supervision of state officers, and may be transferred on official business “from one county to another,” the legislature must have intended to make them state and not county officers.</p> <p>Game — Officers—County or State — Commissions and Wardens —Statutes. The functions of the county game commissions and county game wardens, being the protection and propagation of game birds, animals and fish, the title to which is in the state and the protection of which is within the police power of the state, and their functions not relating exclusively to matters of local concern, the county game commissions and wardens are state and not county officers, within Const., art. 11, § 5, requiring the legislature to provide for the election of county officers; hence the game code (3 Rem. & Bal. Code, § 5395-2) providing for their appointment is constitutional.</p>