McMaster v. Herald
Supreme Court of Kansas
Original Proceeding in Quo Warranto. On March 3,1893, the defendant was duly appointed by the governor to the office of commissioner of elections of the city of Topeka, in accordance with that clause of section 2, chapter 206, Laws of 1889, (¶715, Gen. Stat. 1889,) which reads as follows : “The governor of the state shall appoint for each city of the first class to which the provisions of this act apply, immediately upon the going into effect of this act, a commissioner of…
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Original Proceeding in Quo Warranto. On March 3,1893, the defendant was duly appointed by the governor to the office of commissioner of elections of the city of Topeka, in accordance with that clause of section 2, chapter 206, Laws of 1889, (¶715, Gen. Stat. 1889,) which reads as follows : “The governor of the state shall appoint for each city of the first class to which the provisions of this act apply, immediately upon the going into effect of this act, a commissioner of elections, who shall hold his office for the term of four years and until his successor is appointed and qualified; but…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J.: I. The defendant challenges the right of the governor to investigate any charge of official misconduct with a view to removal from office. He contends that such a power cannot be conferred upon the governor, nor, indeed, upon any other person, officer, or tribunal, but the courts. This would be an interesting question, if new, but it is not new. It received very full examination and consideration in the case of Lynch v. Chase, 55 Kan. 367, 40 Pac. Rep. 666. It was there held, Mr. Justice Johnston delivering the opinion of the court, that…
2Cases cited2 opinions
- Lynch v. ChaseSupreme Court of Kansas · 1895
- Jacques v. LitleSupreme Court of Kansas · 1893
3Cited by6 opinions
- Yoe v. HoffmanSupreme Court of Kansas · 1899
- Holliday v. FieldsCourt of Appeals of Kentucky · 1925
- McCran v. GaulSupreme Court of New Jersey · 1920
- Harrington v. SmithSupreme Court of Kansas · 1923
- Hoffman v. YoeCourt of Appeals of Kansas · 1899
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