Territory Ex Rel. Sylva v. Morita

DISSENTING OPINION OF

TOWSE, C. J.

I respectfully dissent.

The factual situation presented on these appeals is as recited in the majority opinion. The quo warranto proceedings seek ouster of the appellants upon the grounds that they unlawfully claim and unlawfully usurp their respective offices, and that at the time of institution of each proceeding, and at present, are and continue to unlawfully perform and discharge the duties and functions of their respective offices. Forthwith ouster is sought as to each.

In correlation to this and of paramount import, is the fact that it is conceded and…