15 Wash. 298 | Wash. | 1896
The opinion of the court was delivered by
The respondent was removed from the office of police commissioner by the mayor of the city of Seattle, and appellant Kirkwood was appointed to fill the vacancy caused by the removal. Subsequently the respondent, as relator, commenced an action by information in the nature of a quo warranto against the appellant to oust him from the office and reinstate himself. The court refused to hear evidence to impeach the findings of the mayor, took the case from the jury, and found for the relator on the pleadings, upon the ground that the charges and findings were insufficient to support the removal of the relator. The appellant answered the information, denied the intrusion and ouster, and alleged affirmatively the procedure by which the respondent was removed from office and the appointment of the appellant to fill the vacancy.
The first proposition argued by the appellant is that the court had no jurisdiction to determine the sufficiency of the charges or findings,, or to inquire into
The second contention of appellant, however, viz., that the charges were sufficient to support the removal of relator, we think must be sustained. These charges may have been somewhat indefinite,.but no motion was made to make them more definite or certain. No objection was made to them in any way. The appellant went to trial upon the complaint as it was, and the issues were found against him, and we think it is too late for him now to raise the objection that the complaint was indefinite or not specific. We think that there is sufficient in the charges preferred by the mayor and'the findings made to sustain the verdict. It is charged that the relator was interested and part owner in certain -buildings which were occupied for immoral purposes; that their only value arose from such occupation; that under the direction of the mayor of the city the police, in the enforcement of the law against such immoral practices, were proceeding to abate the nuisance b.y driving out these objectionable
Hoyt, C. J., and Scott and Gordon, JJ., concur.