People ex rel. Williams v. Reid

• Decision Date: 09 March 1888
• Parties: PEOPLE ex rel. WILLIAMS v. REID.
• Court: Colorado Supreme Court

17 P. 302

11 Colo. 138

PEOPLE ex rel. WILLIAMS v. REID.

Supreme Court of Colorado

March 9, 1888

Original proceeding in the nature of quo warranto.

The legislature, in 1877, adopted a law changing the beginning of the term of office of county treasurers in the state from the second Tuesday in January to the second Tuesday in July. The supreme court held, in response to a legislative question on the subject, that this act operated to create a vancancy in the office between the dates mentioned, upon the expiration of the terms of the present incumbents; which vacancy the county commissioners were authorized to fill. 9 Colo. 631. The term of office of respondent Reid expired on the 9th of January of the present year. He had, however, at the preceding election been re-elected to the same position. On the same day the term of office of May, one of the county commissioners, also expired, and Ordway was duly elected to succeed him. May, whose regular term of office expired at midnight preceding, met with the other two commissioners on the morning of January 10th, it being an adjourned meeting and the board proceeded as usual to transact business. Among the matters considered and acted upon was the vacancy in the office of county treasurer. This vacancy was filled by a vote of two to one, the ballot of May and one of the other commissioners being cast for Reid. Reid thereupon filed his bond, which was approved, took the oath of office, and proceeded to discharge his official duties. At the afternoon session of the board, May retired, and Ordway, the new commissioner, took his place. Among the proceedings during this meeting were a resolution rescinding the action taken in the forenoon with reference to the treasurer, and appointing relator, Williams, to the office. Williams received two votes, while one was cast against him. He entered into bond which was approved, and filed his oath of office as required by law. Respondent, Reid, refused to turn over the custody of the books, funds, and other property belonging to the treasurer when demand was made therefor by Williams. Thereupon this proceeding was instituted by the attorney general, at the relation of Williams, to test the respective rights of Williams and Reid to the office in question.

Samuel P. Rose and Alvin Marsh Atty. Gen., for complainant.

Markham & Dillon, for respondent.

HELM, J., ( after stating the facts as above.)

This cause is now submitted for consideration upon the following pleadings, to-wit, the information, plea, and a general demurrer...