People Ex Rel. Cage v. Petroleum Rectifying Co.

HOUSER, P. J.

The question which is involved in the instant appeal relates to the right of the attorney-general of this state to direct

the

dismissal of a proceeding in

the

nature of

quo warranto

which theretofore, at the instance of an informant, the attorney-general had authorized to be instituted and maintained, and as incidental to such question, the further inquiry regarding the right of the relator to prosecute the instant appeal, which purports to be from an order which was made by the superior court by which a motion which prior to that time had been made by the relator to vacate the order of dismissal of the said proceeding which theretofore had been made by the court, was denied. More briefly stated, the question is: A proceeding in the nature of

quo warranto

having been duly commenced at the instance of a relator, who, thereafter, is entitled to control it?

Prior to the filing of briefs on the merits herein, a motion to dismiss the appeal was denied by this court, without prejudice to

the

right at this time to

again

present

the

points which had been urged on said motion to dismiss the appeal.

In substance and effect, by decisions that have been rendered by the Supreme Court of this state, in principle, if not directly, both of the questions that are here suggested have been completely answered; hence, at least as far as concerns any court of lesser jurisdiction than that possessed by the Supreme Court, it would be a useless effort to devote time and energy to a discussion which might lead either to a concurrence with, or to a dissent from, the views which heretofore have been expressed with reference to the power of the attorney-general in the premises, or to the lack of authority on the part of the relator to exercise any semblance of control of what may be termed the mechanical processes in the proceeding.

In the case of