State v. Friars

• Decision Date: 26 December 1894
• Citation: 39 P. 104,10 Wash. 348
• Parties: STATE EX REL. WHITNEY, PROS. ATTY., v. FRIARS ET AL.
• Court: Washington Supreme Court

39 P. 104

10 Wash. 348

STATE EX REL. WHITNEY, PROS. ATTY., v. FRIARS ET AL.

Supreme Court of Washington

December 26, 1894

Appeal from superior court, Snohomish county; John C. Denney, Judge.

Information upon relation of L. C. Whitney, prosecuting attorney of Snohomish county, against Q. E. Friars, Thomas Moran, and Don W. Evans for malfeasance in office. From an order sustaining a demurrer to and dismissing the information, appeal is taken. Affirmed.

L. C. Whitney, John W. Miller, and John W. Frame for appellant.

A. D Austin, A. K. Delaney, and Louis K. Church, for respondents.

DUNBAR, C.J.

This action was brought under chapter 10, tit. 9, § 679 et seq. Code Proc., on an information filed by the prosecuting attorney of Snohomish county against the respondents, who constituted the board of county commissioners of said county to remove them from office for malfeasance, misfeasance corruption, and misdemeanor in office, done and committed in their official capacity as such board of county commissioners, on five specific charges set out in the information. The respondents interposed a general demurrer to the information, which was sustained by the court, and the action was dismissed. From the action of the court in sustaining the demurrer and dismissing the information, the appellant appeals to this court. Without investigating many of the questions which are presented in this case, we are satisfied that the demurrer was rightly sustained on the ground that it did not state facts sufficient to constitute a cause of action. The first charge is that the commissioners colluded together, with persons unknown to the relator, to corner and monopolize the business of the retail sale of intoxicating liquors at the towns of Monte Cristo and Silverton, for the purpose of cheating and defrauding said county of Snohomish by entering upon the journal record of their proceedings the following resolution: "Whereas, it having been shown to the board of county commissioners of Snohomish county that application for the sale of intoxicating liquors in the towns of Monte Cristo and Silverton, in Snohomish county, state of Washington, will soon be made by various persons; and it further appearing to the said board that said towns take the character of mining towns, and this board believes that said towns will have residing therein a great number of persons of objectionable and questionable character, and that said persons will live with the intention and for the purpose of committing depredations against the peaceable inhabitants thereof, and that in granting license to sell intoxicating liquors therein it will be necessary for this board of county commissioners to see that no person is granted a license for the sale of intoxicating liquors who is not a man of good character, and a person who will carry on the business in as respectable manner as it can be carried on, and a person who will be responsible to the law: Therefore it is considered and ordered by the board of county commissioners of Snohomish county that not more than two different licenses for the sale of intoxicating liquors in each of said towns be granted." And the order proceeds to the effect that the treasurer is commanded not to receive any moneys for licenses to be issued in said towns except for the number of saloons above stated, and then only from such persons as the board of county commissioners shall direct him to receive from; and that the order shall remain in effect for six months, or until the same is ordered by the board to be null and void. The information sets up...