ISBN: 9781231942673

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not … Altro …

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...82; 65 S. W. 871; O''Connor v. City of Fon du Lac, 109 Wis. 253, 85 N. W. 327, 53 L. R. A. 831. 21 State v. Stanley, 66 N. C. 59. This case holds that if a person is authorized to appoint to an office, this duty of itself constitutes him a public officer and that it is not necessary for one to be considered a public officer that he should be required to take an oath or be allowed a salary or fees. 22 United States v. Hartwell, 73 U. S. (6 Wall.) 385; Hall v. Wisconsin, 103 U. S. 5; United States v. Maurice, 2 Brock. 96, Fed. Cas. No. 15,747; Hendricks v. State, 20 Tex. Civ. App. 178, 49 S. W. 705. Salary or fees are a mere incident of a public office. 23 Leach v. Cassldy, 23 Ind. 449; Jones v. Shaw, 15 Tex. 577. 2 United States v. Hartwell, 73 U. S. (6 Wall.) 385; Brown v. Russell, 166 Mass. 14, 32 L. R. A. 253; Attorney General v. Drohan, 169 Mass. 534; Opinion of the Justices. 3 Me. (3 Greenl.) 481; People v. Nostrand, 46 N. Y. 375; People v. Common Council of Brooklyn, 77 N. Y. 503. executed. And judicial officers are those whose duties are to decide controversies between individuals, and accusations made in the name of the public against persons charged with violations of the law.25 The character of these duties and the manner of their performance will be as fully discussed in other paragraphs as the limits of this work will permit. SS 599. Office distinguished from employment. An employe of the government is protected in his contract of employment by constitutional provisions.20 The relation which exists between him and the public corporation is a contract one.27 It has been difficult at times to distinguish between an employe protected by contract rights whatever they may be and a public officer in respect to... Howard Strickland Abbott, Books, Reference and Language, A treatise on the law of municipal corporations Volume 2 Books>Reference and Language <