Mitchell v. State

The opinion of the court was delivered by

Smith, J. :

This was a proceeding in quo warranto, brought by the state on the relation of the county attorney, for the purpose of ousting plaintiff in errOx, D. A. Mitchell, from the office of police judge of the city of Wichita. For several years prior to July 1, 1898, the police department of that city was controlled and managed by police commissioners. On that date the governor abolished the police commission and D. A. Mitchell was appointed by the mayor, and confirmed by the city council, as police judge. *780He qualified, entered upon the discharge of…