(Download) "State Ex Rel. Nagle v. Kelsey" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Nagle v. Kelsey
- Author : Supreme Court of Montana
- Release Date : January 03, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Quo Warrantor ? Ousting State Officer ? Illegal Appointment of State Senator During Term of Office ? Constitutional Law ? Montana Relief Commission ? Member "Civil Officer" ? Original Jurisdiction of Supreme Court. Supreme Court ? Original Jurisdiction ? Writs ? Quo Warrantor ? Constitution. 1. Held, that the state supreme court has original jurisdiction of a quo warrantor proceeding brought by the Attorney General on behalf of the state for the purpose of ousting a state senator appointed during his term of office to a "civil office under the state" (Const., - Page 9 Art. V, sec. 7) from office, the exercise of such jurisdiction not being limited to the issuance of writs "necessary or proper to the complete exercise" of the courts appellate jurisdiction, as contended. (Id., Art. VIII, sec. 3.) Quo Warrantor ? Ousting State Officer ? Complaint. 2. In a quo warrantor proceeding brought by the Attorney General to oust a state officer from office, the plaintiff need not set forth in his complaint the name of any other claimant to the office, nor that anyone else is entitled to the office. Same ? Appointment of State Senator or Representative During Term of Office ? What Constitutes "Civil Office" ? Constitutional Law. 3. To constitute an office a "civil office" within the meaning of section 7, Article V, of the Constitution, prohibiting the appointment of a state senator or a representative to "any civil office under the state" during the term for which he was elected, it must have been created by the Constitution or the legislature or under authority conferred by the legislature; it must possess governmental powers to be exercised for the benefit of the public; its powers and duties must be defined directly or impliedly by the legislature; its duties must be performed independently and without control of a superior power; it must have permanency and continuity; the incumbent must file an official oath, hold a commission or other written authority, and give a bond when required. Same ? Member of Montana Relief Commission Civil Officer Within Meaning of Above Constitutional Provision. 4. Held, that a member of the Montana Relief Commission created by Chapter 109, Laws of 1935, and vested with sweeping and comprehensive governmental powers, is a civil officer of the state, and not a mere state employee, and as such subject to the provision of section 7, Article V, of the Constitution, rendering a state senator or representative ineligible for appointment to such office during the term for which he was elected. Courts not Concerned With Wisdom of Legislation. 5. Courts are not concerned with the wisdom of legislative enactments. Statutes ? Who may not Question Constitutionality. 6. Only one adversely affected by an alleged constitutional Act can question its validity. Quo Warrantor ? Ousting of State Officer ? Illegal Appointment ? Constitutional Law ? What Immaterial to Determination of Case. 7. In a quo warrantor proceeding to oust a state senator from a civil office to which he was appointed during the term for which he was elected, in contravention of section 7, Article V, of the Constitution, the fact that others laboring under a like disqualification held the same or similar offices is not entitled to consideration, such conditions not constituting precedents for court rulings. - Page 10