State ex rel. Clapp v. Peterson
Supreme Court of Minnesota
Information filed in this court April 16, 1892, by Moses E. Clapp, Attorney General, praying that its writ issue to Hans 0. Peterson, commanding him to appear and show quo warranto he holds the office of County Treasurer of Hennepin County. On the order of the Chief Justice the writ issued returnable April 28, 1892, at the opening of court on that day.
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Information filed in this court April 16, 1892, by Moses E. Clapp, Attorney General, praying that its writ issue to Hans 0. Peterson, commanding him to appear and show quo warranto he holds the office of County Treasurer of Hennepin County. On the order of the Chief Justice the writ issued returnable April 28, 1892, at the opening of court on that day. The information stated that the respondent Hans 0. Peterson was duly elected County Treasurer for the term commencing January 5, 1891; that he accepted the office, and on March 21, 1892, the Public Examiner made report to the Governor that…
1Opinion of the CourtMitchell, J.
The respondent, by his demurrer to the information, assails the constitutionality of Laws 1881, ch. 108, providing for the supension and removal of county treasurers, by the governor, for malfeasance or nonfeasance in office.
His contention is that the power of removal from office is judicial in its nature, and can be exercised only by the judicial tribunals of the state; and that, under the constitution, the legislature has no authority to provide for the removal of a county treasurer except by judicial proceedings in court.
Whether the power of removal from office for official misconduct is…
2Cases cited3 opinions
- Dullam v. WillsonMichigan Supreme Court · 1884
- Donahue v. County of WillIllinois Supreme Court · 1881
- State ex rel. Campbell v. Police CommissionersMissouri Court of Appeals · 1884
3Cited by26 opinions
- In Re the Disbarment of GillardSupreme Court of Minnesota · 1978
- State ex rel. Kinsella v. EberhartSupreme Court of Minnesota · 1911
- State ex rel. Shaw v. FrazierNorth Dakota Supreme Court · 1918
- State ex rel. Childs v. Board of County CommissionersSupreme Court of Minnesota · 1896
- State ex rel. Douglas v. MegaardenSupreme Court of Minnesota · 1901
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