[DOWNLOAD] "State Ex Rel. Nagle v. Page" by Supreme Court of Montana * eBook PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Nagle v. Page
• Author : Supreme Court of Montana
• Release Date : January 07, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Quo Warrantor ? Office and Officers ? Constitutional Law ? State Senator Holding State Office ? What Constitutes "Public Office" ? Differentiation Between State Officer and State Employee ? State Boiler Inspector not State Officer. Constitutional Law ? Office and Officers ? What Constitutes Public or State Office ? When Appointee to Civil State Office an Employee, not State Officer. 1. To come within the provision of section 7, Article V, of the Constitution, that no senator or representative shall during his term be appointed to a civil office under the state, the public office to which he is appointed must be created by the Constitution, the legislature or by a body through authority conferred by the legislature; a portion of the sovereign power of government must be delegated to it; the powers conferred and duties to be discharged must be defined by legislative authority; the duties must be performed without control of a superior power unless they be placed under the general control of a superior officer or body; it must have some permanency and continuity, and the incumbent must file an oath, hold a commission or other written authority and give an official bond, if required; otherwise the appointee is a mere employee of the state, and not a state officer. State ? By Whom Sovereign Power Exercised. 2. Sovereign power is exercised by that portion of the personal force of the state by which the commonwealth thinks, acts, determines and administers, to the end that its Constitution may be effective and its laws operative; but the mere fact that the law prescribes certain duties to be performed by one occupying a public position is not determinative of the fact that a portion of the sovereign power has been delegated to him. Quo Warrantor ? Office and Officers ? Constitutional Law ? Senator-elect Holding Office of State Boiler Inspector ? Inapplicability of Constitutional Provision Against Holding State Office. 3. Held, under rule 1 above, upon a review of the statutes pertaining to the appointment and duties of state boiler inspectors, in a proceeding in quo warrantor to determine whether such an inspector upon his election and qualification as state senator became disqualified, under section 7, Article V, of the Constitution, from longer holding the office of inspector, that a boiler inspector is not a public, or state, officer, but merely a state employee, and that therefore the constitutional provision has no application to him. - Page 15

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