271 P. 274 | Kan. | 1928
The opinion of the court was delivered by
This is an original proceeding in quo warranto, urn der R. S. 60-1609 et seq., to oust J. P. King from the office of mayor of the city of Galena, a city of the second class, with a population of more than 5,000, operating under the mayor and council form of government. There were sixteen specific charges of willful misconduct in office and willful neglect to perform the duties enjoined upon him by the laws of the state. These charges were controverted by an answer. The court appointed Hon. T. E. Railsbaclc, of Kansas City, as commissioner to hear the evidence and to make findings of fact and conclusions of law and report the same to this court. That has been done. The findings of the commissioner are that the defendant did not willfully misconduct himself in office, and that he did not willfully neglect to perform any duties imposed upon him by statute, as specified in the charges against him. The state has taken exception to these findings. The evidence has been abstracted and the case has been briefed and argued. The report of the commissioner is exceptionally thorough and well prepared. The evidence is voluminous. We have carefully examined all of it, and have considered all arguments made by counsel in their briefs. It would serve no
Judgment will be entered for defendant. It is so ordered.
