Harrington v. Smith

The opinion of the court was delivered by

Mason, J.:

On May 1, 1922, J. E. Smith became commissioner of elections for Kansas City, Kan., for a four year term. On June 7, 1923, the governor made an order removing him upon-charges of misconduct, after a hearing, of which he had notice and at which he appeared, and on the next day appointed Grant W. Harrington to fill the unexpired term. Smith refused to surrender the office and Harrington brings this action to obtain possession of it.

*2631. The statute relating to the appointment of a commissioner of elections in cities of the class and size of Kansas…