State ex rel. Griffith v. Newland

Appellant brought this action in quo warranto, denying the right of respondent to perform the duties of road supervisor under the act of March 16, 1903 (Laws 1903, p. 223). The lower court sustained a demurrer .to th,e petition, and entered a judgment of dismissal. Petitioner appeals.

The only questions presented relate to the constitutionality of the act above named. Appellant claims that the act is unconstitutional upon four grounds, as follows: (1) It is a delegation of legislative authority to the various boards of county commissioners; (2) it creates an office and provides for the…