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· 5/11/1918

Thiemens v. Sanders

Citations

  • 102 Wash. 453

Syllabus

<p>Officers—Recall—Petition—Sufficiency — Constitutional and Statutory Provisions. Under Const., amend. 8, art. 1, § 33, authorizing the recall of an elective officer for malfeasance or misfeasance in office, and Rem. Code, § 4940-1, requiring the charge to state the acts complained of in concise language, a charge against a county commissioner stating in detail facts showing a malfeasance in office by the violation of Rem. Code, § 2334, which makes it a gross misdemeanor to be beneficially interested in a contract to purchase lands for the county, is sufficient, although the charge is of misfeasance rather than malfeasance; since an incorrect designation of the offense would not invalidate the recall petition.</p> <p>Same. Under Rem. Code, § 4940-8, requiring petitioners for the recall of an elective officer to file a statement giving the names and addresses of all persons who have contributed or aided and the amount contributed by each, and a detailed statement of all expenditures, the county auditor must file a statement if duly verified, without investigating its truth; and that there are a number of names without cash contributions does not invalidate the petition.</p>

Judges: Mount

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