State v. Carroll

Citations

• 57 Wash. 202
• 106 P. 748
• 1910 Wash. LEXIS 727

Syllabus

<p>Elections —■ Candidate — Eligibility — Powers oe Comptroller. Under a charter limiting the right to file declarations of candidacy to those persons “who shall be eligible” for the office sought, the city comptroller has power to inquire into the eligibility of candidates and refuse to certify the same if ineligible, although no statute or charter provision expressly authorizes such inquiry.</p> <p>Municipal Corporations — Officers—Disqualifications. Under a charter disqualifying any person appointed to the office of civil service commissioner from holding any other office during the term for which he was appointed, a person appointed to the office at a time when he was disqualified to act as commissioner, who accepted the office and continued to hold it after his disqualification was removed, cannot claim that he was not “appointed” to the office or a de jure officer; as the appointment is a continuing one, and he is disqualified from holding any other office during the term for which he was appointed.</p> <p>Officers- — -Disqualifications—Official Bonds — Failing to Give —Effect. The failure of an officer to give a bond, which was a ministerial act for the security of the government and not a condition precedent to his authority to act, does not render him merely a de facto officer, but he is a de jure officer under a defeasible title, and subject to the disqualification of holding other offices attached to the office.</p>