147 Iowa 712 | Iowa | 1910
This proceeding was instituted upon the relation of five qualified electors of Sioux county for the removal of the defendant from the office of county attorney on the charge that he had willfully neglected the performance of certain official duties, in that the Standard Oil •Company, a dealer in gasoline, kerosene and other petroleum products in said county, had sold said products at a higher rate or price in certain localities in said county than in others, such discrimination being made for the unlawful purpose of suppressing and preventing competition in said business by other dealers, and that, upon complaint being made to defendant, he had neglected and refused to prosecute the offenders, or to submit the charge to the consideration of the grand jury. The answer of the defendant denies the charge, and alleges that he did act in the premises with reasonable promptness, and that the grand jury had continued the matter for further consideration. On hearing the testimony, the trial court dismissed the proceedings, and taxed the cost to the plaintiffs, who appeal from said judgment.
An examination of the record convinces us the trial court was right in finding the charge against the defendant was not proven. . It is tine there is evidence tending to show a violation of the statute by the Standard Oil Company, and that complaint thereof was made to the defendant.
But, after some reflection, we are not fully satisfied that plaintiffs should be taxed with the costs. The proceeding, though prosecuted upon the relation of private
Costs of this court will be taxed to the appellants. Modified and affirmed.