[DOWNLOAD] "State Ex Rel. Morgan v. Knight" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Morgan v. Knight
- Author : Supreme Court of Montana
- Release Date : January 24, 1926
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Office and Officers ? City Attorney ? Vacancy ? Term of Appointee. Office and Officers ? "Term of Office" ? Definition. 1. The phrase "term of office" describes the period of time during which one regularly chosen by election or appointment and inducted into office is entitled to hold the same, perform its functions and enjoy its privileges and emoluments. Same ? Failure of Statute to Fix Beginning of Term ? Appointive Power may Fix. 2. Where the law creates an office and prescribes the length of the term, omitting to fix the date when the term shall begin but designating the power which is vested with authority to fill the office by appointment, the appointive power has the right to fix the commencement of the term, and when thus fixed, each term thereafter commences where the other ends. Same ? "Term" Applies to Office, not to Person Holding It. 3. The word "term" as used by section 6, Article VI of the Constitution with reference to the election or appointment of municipal officers, and section 511, Revised Codes of 1921, applies to the office and not to the person holding it. Same ? City Attorney ? Vacancy ? Term of Appointee. 4. The statute creating the office of city attorney did not provide a time for the commencement of the office, the length of the term, however, being fixed at two years, its commencement being fixed at the first appointment. (See par. 2, above.) Upon the death of an incumbent the then mayor appointed his successor to fill the vacancy thus occasioned. Held, under the above rules, that the beginning and ending of the term of office having become established by operation of law, the appointee could hold only for the unexpired term for which he was appointed.