# State Ex Rel. Ausburn v. City of Seattle

> Washington Supreme Court · May 3, 1937 · 190 Wash. 222

URL: https://www.frixlaw.com/law-library/cases/3993622

## Case

- **Full name:** The State of Washington, on the Relation of James Ausburn Et Al., Respondents, v. the City of Seattle Et Al., Appellants
- **Court:** Washington Supreme Court
- **Decided:** May 3, 1937
- **Citations:** 190 Wash. 222; 67 P.2d 913; 111 A.L.R. 418; 1937 Wash. LEXIS 382
- **Precedential status:** Published
- **Opinion:** Dissent by Beals
- **Judges:** Millard, Robinson, Geraghty, Beals
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3993622

## Opinion text

Beals, J.
(dissenting) — While agreeing with Judge Geraghty in his dissent, I desire to add that, in my opinion, if the authority to suspend, which exists for disciplinary purposes only, may be extended to accomplish the purpose for which it was used in connection with the facts in the case at bar, not only may the civil service provisions of the charter be set aside, but salary ordinances may be evaded by the heads of departments to whom pertains the right to suspend. The necessary authority to suspend as a disciplinary measure should not be perverted to accomplish any such purpose. I am not in accord with the opinion of the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3993622. Public record. Not legal advice.