People v. Capp

The action is in quo warranto, to try title to the office of warden of the state reformatory at Buena Vista. The de*397fendant Capp was, upon competitive examination in which he stood highest, appointed such warden on February 1st, 1914, under the civil service law of 1907, as amended by the initiated bill of 1912. Thereafter he duly qualified and was in possession of the office when this suit was commenced, July 12th, 1915, but his appointment was never confirmed by the state senate. On the theory that there was a vacancy in the office on the convening of the legislature, because Capp’s…