Eddy v. Kincaid
Oregon Supreme Court
Appeal from Marlon: H. H. Hewitt, Judge. This is a proceeding by mandamus to compel Harrison R. Kincaid, who is secretary of state, to draw a warrant on the state treasurer for the balance of salary alleged to be due James B. Eddy as railroad commissioner for the quarter ending March thirty-first, eighteen hundred and ninety-five.
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Appeal from Marlon: H. H. Hewitt, Judge. This is a proceeding by mandamus to compel Harrison R. Kincaid, who is secretary of state, to draw a warrant on the state treasurer for the balance of salary alleged to be due James B. Eddy as railroad commissioner for the quarter ending March thirty-first, eighteen hundred and ninety-five. The act creating the board of railroad commissioners provides that the persons constituting such board shall be chosen biennially by the legislative assembly, and “shall hold their offices for and during the term of two years, and until their successors áre elected…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
It will be observed that this is not a contest between the plaintiff, claiming to hold over after the expiration of his original term, and an appointee of the governor made on the assumption that a vacancy existed in the office. Nor does the case involve the existence of the office itself, but the real question here is, whether the plaintiff shall hold the office and receive its emoluments by virtue of his election in eighteen hundred and ninety-three, or whether it is vacant, *556and must be filled by an appointment by the governor? We proceed to state briefly…
2Cases cited16 opinions
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- People v. TiltonCalifornia Supreme Court · 1869
- Biggs v. McBrideOregon Supreme Court · 1889
- Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
- People ex rel. Dunham v. MorganIllinois Supreme Court · 1878
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State ex rel. Davis v. OsborneArizona Supreme Court · 1912
- Ingard v. BarkerIdaho Supreme Court · 1915
- State v. CompsonOregon Supreme Court · 1898
- Southern Pac. Co. v. BartineU.S. Circuit Court for the District of Nevada · 1909
- State ex rel. Meredith v. TallmanWashington Supreme Court · 1901
17 more not listed; retrieve them via the Exa API.