State ex rel. Pearson v. Hansen

In State ex rel. Pearson v. Hansen, 401 P.2d 954 (Wyo. 1965), the Court had the opportunity to consider a discharging decision within the National Guard. In Hansen, the newly elected governor removed Pearson as the Adjutant General without convening an efficiency board or a court martial contrary to the statute at the time. Pearson claimed that the governor had wrongly relieved him of his duties because he had not held a court-martial or an efficiency board. Id. at 955-56. The Court stated: "It is our duty to take the statutory law as we find it and to see to it that the powers conferred upon public officials are not abused." Id. at 957. Because the governor had not complied with the requirements of the statute, this court held that the governor exceeded his powers and reinstated the adjutant general to his position. Id. at 960.