State v. Carroll’s Empirical Analysis

Citation profile

12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true there is no statute or charter provision of the city of Seattle directing and authorizing the city comptroller to inquire into the eligibility of candidates for office who file the statutory declaration with him, and he would perhaps be guilty of no dereliction of duty if he directed the printing of the names of all such persons on the ballot, but we do not think it follows therefrom that he is precluded from making the inquiry in all cases. The primary law by express terms limits the right to file declarations of candidacy to those persons only ‘who shall be eligible’ to the office sought. This, while it may not require inquiry on the comptroller’s part into the eligibility of candidates, plainly suggests such inquiry, and, when it is remembered that the comptroller has duties to perform in relation to the expenditure of public moneys, indicates that the comptroller has sufficient discretion to compel a candidate whose eligibility is doubtful to resort to his proofs. The argument that this puts too much power into the hands of a ministerial officer is not conclusive. True, the power may be abused by that officer, but so may the filing of declarations of candidacy be abused. ’ ’”

   1 later decision quote this exact passage
   e.g. State ex rel. Ferguson v. Superior Court

2. ““The failure to give a bond does not render an officer duly elected or appointed a de facto officer. He is a de jure officer holding by a defeasible title. Foot v. Stiles, 57 N. Y. 399 . The giving of a bond is a mere ministerial act for the security of the government, and not a condition precedent to the officer’s authority to act, unless especially made so by statute. Glavey v. United States, 182 U. S. 595 . The courts generally hold that, even though the statute expressly provides that, upon a failure to give a bond within the time prescribed, the office shall be deemed vacant and may be filled by appointment, the default is a ground for forfeiture only, not forfeiture ipso facto, and that if, notwithstanding such default, the state or other power sees fit to excuse the delinquency by granting the officer his commission, the defects of his title are cured, and it is a title de jure having relation back to the time of his election or appointment.””

   1 later decision quote this exact passage
   e.g. Bartholomew v. Town of Springdale

3. ““Let us suppose that the women of the relator’s ward should become convinced that they were eligible to the office of member of the city council of the city of Seattle, and should tender to the comptroller their declarations of candidacy; must the comptroller file the declarations and place the declarants’ names upon the official ballot? He would know that the very charter under which he acts and under which the declarants sought election declared them ineligible. He would know also that his duties as comptroller require him to conserve the expenditures of the public money; yet, if the relator’s theory be correct, he must, without questioning their rights, certify such declarants as candidates and publish their names upon the election ballots. The law does not require the doing of vain and useless things, even when the doing of them incurs no greater hardship than the mere time and labor expended in the doing of the things.””

   1 later decision quote this exact passage
   e.g. State Ex Rel. McAulay v. Reeves