State v. Cheetham

• Decision Date: 19 May 1898
• Citation: 19 Wash. 330,53 P. 349
• Parties: STATE EX REL. HOWLETT v. CHEETHAM, STATE AUDITOR.
• Court: Washington Supreme Court

53 P. 349

19 Wash. 330

STATE EX REL. HOWLETT v. CHEETHAM, STATE AUDITOR.

Supreme Court of Washington

May 19, 1898

Original application for writ.

Petition by the state, on the relation of L. S. Howlett, for writ of mandamus to Neal Cheetham, state auditor. Heard on application for writ. Denied.

Bogle & Rigg, for plaintiff.

P. H Winston, Atty. Gen., for defendant.

PER CURIAM.

The relator seeks by this proceeding to compel the state auditor to issue to him a warrant for his salary as arid land commissioner claimed to have been earned since March 25th last. He held the position under appointment of the executive, and his term would not have expired by limitation until June 16, 1899, under the act. Laws 1895, p. 452. On March 25th aforesaid action was taken by the governor as follows: "State of Washington, Executive Department. Olympia, March 25th, 1898. Whereas, the state of Washington contains a large area of arid land, which, under the provisions of an act of congress known as the 'Carey Act' and acts of the legislature of the state of Washington of 1895 and 1897, might be made productive and valuable, affording opportunity, if properly utilized according to the intent of the acts before mentioned, for settlement and cultivation, resulting in immense and incalculable advantage to the state: Now, therefore, I, John R. Rogers, governor of the state of Washington, being satisfied that L. S. Howlett, duly appointed and acting commissioner of arid lands, has, in my judgment, been guilty of misconduct in office, do, by virtue of the power in me vested, hereby remove the said L. S. Howlett from his office as said commissioner of arid lands, and the vacancy existing by reason of such removal I do hereby fill by the appointment of Hon. O. R. Holcomb, of Ritzville, Adams county, Washington, for the unexpired term ending June 16 1899. In witness whereof, I have hereunto set my hand and caused the seal of the state of Washington to be affixed hereto this 25th day of March, A. D. 1898. By the Governor J. R. Rogers. [Great Seal of the State of Washington.] Attest: Will D. Jenkins, Secretary of State,"-and a copy was served as specified in the act under which the same was had. Laws 1893, p. 247. A question is raised as to whether mandamus is an appropriate remedy, under the showing made here. But, considering the importance of having matters of this kind speedily determined, in order that public interests may...