69 Vt. 461 | Vt. | 1897
The disposition of this case involves several inquiries.
(1) Was J. W. McGeary duly elected alderman of ward five in the city of Burlington at the annual meeting holden March 2, 1897?
He received a majority of the votes cast for such officer at that meeting. Was he then eligible to the office? The answer to this question depends upon the ascertainment of the length of residence in ward five, which the charter of the city then required to render him qualified to hold the office, and whether he had resided in that ward for the required length of time. There is no contention in regard to his qualifications for the office in other respects.
The charter of the city, as it was March 2, 1897, divided the city into five wards. The same section of the
(2). Was the relator duly elected alderman for ward five at this election ? He did not receive a majority of the votes-cast. It is not established that the legal voters of the ward who cast their votes for Mr. McGeary knew that the provisions of the then charter required them to elect an alderman from among the legal voters in the ward, nor that he was not then a legal voter in the ward. By all the-decisions, English and American, such knowledge by the
(3). It is conceded, as is held by our decisions, that the granting, or withholding, leave to file an information in the nature of a quo warranto against a respondent for exercising the functions of an office to which he has not been duly elected, either because he did not receive the required number of legal votes, or was not then eligible to the office, rests in sound judicial discretion. If the office is of very small importance; if it is for a short term, or the term has nearly expired; if no other person complains of being deprived of the office; and if the objection taken to the respondent’s holding the office is technical and of no considerable practical importance, the leave to file an information is refused. State v. Fisher, 28 Vt. 714, endorsed in State v. Mead, 56 Vt. 353. But if it is an office of importance, the proper exercise of which may seriously affect public interests or private rights, like the management and control of great moneyed corporations, or the quiet and good government of a municipality, involving the interests of large numbers, leave is usually granted to file the information, and
Let the information be filed and judgment of ouster against the respondent be entered thereon. No' costs to eitherparty.