Fitts v. Gibbs

(concurring in the result)—I agree that the freeholders are performing work of a public nature, and are thus entitled to legal advice from the prosecuting attorney. But I do not agree that they are public officers.

This court has found that the following were not public officers: deputy county clerk, Nelson v. Troy, 11 Wash. 435, 39 Pac. 974; commissioners appointed to assess benefits, Bilger v. State, 63 Wash. 457, 116 Pac. 19; schoolteachers, State ex rel. Board of Directors of School Dist. No. 306 v. Preston, 120 Wash. 569, 208 Pac. 47; district administrator of W. P. A., State ex rel.…