State v. Weir

• Decision Date: 07 December 1901
• Court: Washington Supreme Court
• Parties: STATE ex rel. NAVIN v. WEIR et al.

67 P. 226

26 Wash. 501

STATE ex rel. NAVIN v. WEIR et al.

Supreme Court of Washington

December 7, 1901

Appeal from superior court, King county; Wm. Hickman Moore, Judge.

Proceeding for a writ of prohibition by the state of Washington, on the relation of Thomas Navin, against James Weir and others. From a judgment awarding the writ, defendants appeal. Affirmed.

Preston Carr & Gilman, for appellants.

Geo McKay and Morris & Southard, for respondent.

PER CURIAM.

This is an appeal from the judgment of the superior court of King county awarding to the respondent a writ of prohibition against the appellants, who constitute the city council of the city of Seattle, prohibiting them from proceeding to hear an election contest between the appellant James Weir and the respondent, Thomas Navin. The facts out of which the controversy arises are as follows: On the 6th day of March 1900, a general municipal election was held in the city of Seattle for the purpose of electing a mayor, members of the city council, and other municipal officers. By the charter provisions of the city one member of the city council is elected from each of its nine wards, to serve for a period of two years, at every general election of the city. At the election in question the appellant James Weir was the regularly nominated candidate for member of the council for the First ward of one political party, and the respondent, Navin, of another. Each of their names appeared upon the official ballot. The election inspectors, judges and clerks duly appointed, who received and counted the ballots of the electors cast in the respective precincts made up the returns, and transmitted them to the city council, to be canvassed pursuant to the provisions of the city charter. Upon the canvass it appeared upon the face of the returns that Navin received 485 votes, and that Weir received 440 votes, there being an apparent majority for Navin of 45. The city council, on the faith of these returns issued a certificate of election to Navin. Within 10 days thereafter Weir initiated before the city council a contest, claiming that in one of the precincts of the ward the grossest frauds and irregularities were perpetrated in the interest of Navin by his procurement and with his consent and connivance; setting out in detail the nature of the frauds claimed to have been perpetrated. The city council caused due notice to be issued and served upon Navin, and set the contest down for hearing, and was about to proceed to a trial and determination thereof, when Navin filed in the superior court of King county an affidavit and application for a writ of prohibition prohibiting the city council from further proceeding with the cause. The appellants joined issue with the application, and the cause proceeded regularly to a hearing. The superior court held that the city council was without power to hear and determine the contest, and rendered judgment granting the writ. The city of...