Citation Numbers: 15 Cal. 117
Judges: Baldwin, Field
Filed Date: 7/1/1860
Status: Precedential
Modified Date: 1/12/2023
Baldwin, J. concurring.
At the general election held in September, 1859, the defendant was returned elected to the office of Sheriff of Siskiyou county, and the
On the return of the remittitur, the case was tried on its merits and judgment rendered declaring defendant ineligible to the office of Sheriff. He appeals.
For facts, see opinion.
George Cadwalader, for Appellant.
1. The intention of the twenty-first section of art. 4 of the Constitution of this State is to exclude the possibility of the incumbent of a Federal office, exercising a State office, at the same time—so as not to confound the limits of Federal and State sovereignty. The mere election of Grow did not make him a State officer; until he qualified, he was not to receive anything from the State, or incur to her any responsibility. He made no attempt to hold both offices. A minor is eligible to an office who attains his majority before the arrival of the time of qualification. (See generally, Hammond v. Herrick, Congressional Contests, 287 ; Earl’s case, 314; Munford’s case, 316 ; State of Vermont v. Fisher, 28 Vt. 714.)
2. The term “ compensation,” in the above section of the Constitution, does not mean what the officer receives without deducting the
Rosborough, for Respondent.
No brief on file.