A Treatise on the Law of Public Offices and Officers

Floyd Russell Mechem

Callaghan, 1890 - Administrative law - 751 pages

Contents

• References are to Sections: 7
• 914: 12
• BOOK I: 1
• WHO ARE PUBLIC OFFICERS: 12
• WHO MAY BE PUBLIC OFFICERS: 21
• Power of legislature to affect constitutional qualifications: 22
• Lack of Citizenship: 27
• OF APPOINTMENT TO OFFICE: 41
• 76: 46
• Necessity of written appointment: 48
• Commission is evidence merely: 54
• APPOINTMENTS TO FILL VACANCIES: 61
• OF ELECTION TO OFFICE: 73
• In the territories congress prescribes qualifications 147: 79
• Same subjectRegulations must be reasonable 151: 87
• Effect where no opportunity for registration is provided 155: 93
• Residence 159: 99
• This is not a cruel or unusual punishment 166: 104
• Time of Holding the Election: 110
• Voter must vote in person 187: 116
• What Constitutes an Election: 128
• The Canvass and Returns: 134
• The procedureStatutory remedies 215: 140
• Correcting the returns 228: 146
• Same subjectVoter may disclose voluntarily 234: 152
• OF ACCEPTANCE OF OFFICE: 155
• OF QUALIFYING for the OFFICE: 161
• Sureties not released by concealment of previous default 809: 162
• Form of Bonds: 167
• When defective statutory bond good as common law obligation 271: 169
• Where surety bound by delivery contrary to condition 279: 175
• Same subjectSureties for one office not liable for default in another 285: 182
• Same subjectThe contrary view 292: 188
• Same subjectA fourth view 301: 194
• Whether approval is a ministerial or judicial act 314: 210
• Usurper and intruder defined 321: 216
• Title of officer de facto cannot be questioned collaterally 330: 222
• Mandamus will not lie to install officer de jure 340: 228
• Contracts opposed to public policy are void 349: 229
• CONTRACTS FOR THE Sale of OFFICES: 235
• Same subjectIllustrations 363: 242
• BY THE EXPIRATION OF HIS TERM: 253
• Right to hold over does not revive on death of successor 401: 259
• To whom resignation is to be made 413: 261
• CHAPTER IV BY ACCEPTANCE OF ANOTHER OFFICE: 267
• BY ABANDONMENT OF OFFICE: 276
• Death of single officer creates vacancy 442: 281
• Necessity of notice and hearing before removal 454: 287
• What constitutes a removalImplied removal 459: 294
• Impeachments originate in the house but are tried by the senate 470: 300
• Removal from office and disqualification 473: 302
• Same subjectEffect of increasing duties or changing character of office: 306
• Same subjectWhat are not offices 481: 311
• Interest of relator 490: 317
• Trial by jury 495: 323
• OF THE SOURCE OF THE AUTHORITY: 329
• What Acts may be Ratified: 347
• Written or unwrittenexpress or implied 545: 355
• How in case of a State 555: 361
• Contracts for procuring pardons: 366
• Purpose of this chapter: 367
• Private trust or agency must be executed by all 571: 374
• Same subjectPresumption not indulged in to show other officer: 380
• OF DUTIES AND LIABILITIES IN GENERAL: 386
• Performance of duties resting in discretion 594: 389
• President of the United States 607: 395
• Same subjectOther reasons 620: 402
• Jurisdiction definedJurisdiction of the person of the subjectmatter: 407
• Same subjectLiability for acting under void statute 631: 414
• QUASIJUDICIAL OFFICERS: 420
• Same subjectOfficer must keep within his jurisdiction 641: 427
• Same subjectImmunity extends to all grades of legislative action 646: 433
• Officer usually required to reside in district for which he was elected: 437
• Are liable only when actuated by malice 719: 438
• Same subjectDetermination of occasion or conditions not excluded 658: 443
• Only proximate damages can be recovered 675: 449
• Are liable for ministerial defaults 686: 455
• Highway Officers: 461
• Same subject3 For defective certificate 709: 467
• What rules and regulations are validInstances 721: 473
• Teacher not liable to parent for refusing to receive child as pupil 732: 479
• Duty in furnishing copies of records 740: 485
• Liable for negligence in serving process for appearance 753: 492
• Liability for escapes 759: 498
• Liability for money received 765: 504
• Liability for levy under void paid expired or superseded process 772: 510
• To Strangers to the Writ: 518
• B FOR DEFAULTS OF HIS OFFICIAL SUBORDINATES: 528
• Not liable for negligence of subordinates 796: 531
• In general: 537
• Officer liable who conceals fact of his agency 814: 543
• Cases distinguishing public officers 823: 549
• OF THE LIABILITY OF THE PUBLIC FOR: 553
• State liable for breach of binding contractProspective profits 836: 559
• OF THE RIGHTS OF THE OFFICER AGAINST: 576
• Not deprived of salary by sickness 866: 582
• RIGHT TO REIMBURSEMENT AND INDEMNITY: 588
• When no fees are fixed ministerial officer may recover reasonable value 886: 594
• When officer must sue in name of his office: 597
• OF THE LIABILITY OF THE PARTY WHO SETS: 600
• Not liable for judicial action of court of general jurisdiction: 603
• Same subjectEffect of ratification 907: 606
• DUTY TO ACCOUNT FOR PUBLIC PROPERTY: 608
• Extent of liability under statutes and bonds and excuses for defaults 912: 609
• Same subjectLegislature may relieve officer from his liability 913: 612
• CHAPTER XIIIOF THE RIGHTS OF THE PUBLIC AGAINST: 615
• This immunity from liability is not affected by motive: 621
• Lies to compel performance of ministerial duties 978: 622
• Must be officer having power and duty to actde facto officers: 627
• Does not lie to control discretion 945: 631
• To heads of departments 953: 637
• Lies to enforce ministerial but not discretionary duties 957: 643
• To County and other Boards and Bodies: 649
• Judicial discretion not interfered with 974: 653
• To Legislative Officers: 655
• OF THE NATURE OF THE REMEDY: 657
• Nor against executive officers of government 987: 659
• Will not lie to restrain criminal proceedings or enforcement of ordi: 661
• CHAPTER IIIOF CERTIORARI TO PUBLIC OFFICERS: 665
• OF THE WRIT OF PROHIBITION: 672
• Officer de facto liable 1024: 678
• Office once abandoned cannot be resumed 440: 681
• When action may be begun 914: 682
• Principal must have been in existence 539: 686
• Authority to appoint deputies 569: 687
• Officer making void contract for fees can not recover quantum meruit 883: 691
• Contracts imposing restraints upon performance of duty are void 369: 693
• By engaging in duel: 695
• To captain of ship of war 794: 697
• Not a natural right: 701
• Property Qualifications: 702
• This immunity extends to judicial officers of all grades 622: 709
• Officer can not deal with himself without principals knowledge and con: 712
• Same subjectEffect of termination of termAbatement of pending: 719
• Liable for neglect of prescribed duties 684: 721
• OF THE RIGHTS OF THE OFFICER AGAINST: 730
• State not liable for torts of its officers and agents 849: 731
• CHANGES IN QUALIFICATIONS: 733
• THE RIGHT TO COMPENSATION: 740

Popular passages

Page 20 - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.

Page 621 - In such cases, their acts are his acts ; and whatever opinion may be entertained of the manner in which Executive discretion may be used, still there exists, and can exist, no power to control that discretion. The subjects are political; they respect the nation, not individual rights, and being intrusted to the Executive, the decision of the Executive is conclusive.

Page 648 - But it has been well settled that, when a plain official duty, requiring no exercise of discretion, is to be performed, and performance is refused, any person who will sustain personal injury by such refusal may have a mandamus to compel its performance ; and when such duty is threatened to be violated by some positive official act, any person who will sustain personal injury thereby, for which adequate compensation cannot be had at law, may have an injunction to prevent it.

Page 8 - An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office...

Page 149 - Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : " I do solemnly swear (or affirm...

Page 2 - The officer is distinguished from the employee in the greater importance, dignity and independence of his position; in being required to take an .official oath, and perhaps to give an official bond; in the liability to be called to account as a public offender for misfeasance or nonfeasance in office, and usually, though not necessarily, in the tenure of his position.

Page 48 - When any office shall, from any cause become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the Legislature, or at the next election by the people.

Page 86 - For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas ; nor while a student of any seminary of learning, nor while kept at any almshouse or other asylum at public expense ; nor while confined in any public prison.

Page 44 - The townships are only subordinate to the states in those interests which I shall term social, as they are common to all the citizens. They are independent in all that concerns themselves ; and among the inhabitants of New England, I believe that not a man is to be found who would acknowledge that the state has any right to interfere in their local interests.

Page 33 - When a person has been nominated to an office by the President, confirmed by the Senate, and his commission has been signed by the President, and the seal of the United States affixed thereto, his appointment to that office is complete.

Bibliographic information

• Title: A Treatise on the Law of Public Offices and Officers; Legal classics library
• Author: Floyd Russell Mechem
• Edition: 2
• Publisher: Callaghan, 1890
• Length: 751 pages