5 Wash. 398 | Wash. | 1892
The opinion of the court was delivered by
The single question involved in this case is, whether a vacancy in the office of justice of the peace can be filled by appointment of the board of county commissioners. General Statutes, § 308, et seq., provide for the filling of such a vacancy by an election, and the court below held that they were the law of the case. But in our judgment they have been superseded by the provision made in sec. 6, art. 11 of the constitution. That section provides that all vacancies in county, township, precinct and road district officers shall be filled by appointment of the commissioners. The constitutional provision is certainly
This renders it necessary to reverse the judgment, and it is so ordered.