[REFERENCES ARE TO PAGES.] COMMISSION OF APPOINTMENT- defined, 116. duty of ministerial officer to issue, 116. conclusive evidence of appointment, 100. signing of, completes appointment, 97, 101. COMMITTING MAGISTRATES- cause of commitment examined on habeas corpus, 690. See SALARY. assignments of, 330. extra, not allowed, 243. CONSTRUCTION OF OFFICIAL POWERS, 434. CONTEMPTS- power to punish for, vested in courts, 391. officer disobeying invalid order of court not guilty of, 266. claim to salary not based on, 305, 316. employee of state is under, 4. mandamus may not be used to enforce, 605. office not a, 7, 213. past services, claim for based on implied, 329. CONVENTIONS- of political parties, 73. COUNTY COMMISSIONERS- not removable by impeachment, 293. CRIME- when usurpation of office is a, 239. of a member of a board, effect of, 238. DE FACTO OFFICERS- acts of, when valid, 174. cannot be two, for same office, 157. county commissioners as, 157. intruders, 141. liable on bond, 182. no claim to salary, 169. powers and rights of, 167. result of payment of salary to, 173. third persons no right to resist, 181. [REFERENCES ARE TO PAGES.] DE FACTO OFFICERS- Continued. usurpation of office by, 240. when deputy is, 157. who are, 144. DE JURE OFFICER- can recover salary from de facto officer, 177. DISCRETION- of court, in granting certiorari, 655. unrestrained, in administrative officer, 418. writ of injunction, 641. DISQUALIFICATION— acceptance of office of governor, effect of, 222. an officer may not appoint himself, 232. holding of office in United States government, 227. on account of personal interest, 350. DISTRESS- process of, 468. "DUE PROCESS OF LAW"- local assessments, 400. removal from office, 258. taking of property, 409. summary administrative proceedings, 467. unrestrained discretion in administrative officer, 418. EDUCATIONAL QUALIFICATION FOR HOLDING OFFICE, 186. construction of laws, 56. findings of boards of canvassers, 64. for governor, 241. frauds at, 79. law of, 27. laws must be reasonable, 36. municipal, 47. must be held according to law, 141. term of office, must be fixed before, 236. what constitutes, 67. ELECTORS- equality of, 42. validity of ballot favored, 62. qualifications of, 27, 34. ELIGIBILITY TO HOLD OFFICE- See QUALIFICATIONS FOR OFFICE. EXECUTIVE [REFERENCES ARE TO PAGES.] See PRESIDENT, GOVERNOR. EXECUTIVE DEPARTMENTS- See HEADS oF DEPARTMENTS. FRANCHISE- See VOTE, BALLOT. GENERAL ASSEMBLY- See LEGISLATURE. GOVERNOR- acceptance of office of, effect on holding other office, 220. appointing power of, 18, 115. certiorari will not issue to, 654. holding over, status of. 241. mandamus to, 627. power to fill vacancies, 122. removal power of, 256, 274. trial for impeachment, 303. what included in grant to, of executive power, 261. GOVERNMENT- when liable for acts of officers, 491. when may be used, 492, 510. HABEAS CORPUS- after indictment, 690. committing magistrates, 687. courts having jurisdiction, 691. excess of jurisdiction, 678. judgments of courts, 675. power of supreme court, 681. purpose of writ, 676. moral restraint not sufficient, 673. physical restraint, 670. release by federal courts of one held under State authority, 692. HEADS OF DEPARTMENTS- appointing power of, 271. non-liability for official communications, 538. position of, 16. power over salary of subordinates, 310. when controlled by mandamus, 105. HEALTH LAWS- See BOARDS OF HEALTH. HOLDING-OVER- position of officer, 241. rule in federal government, 170. INCOMPATIBILITY- in offices, effect of, 151, 224. physical impossibility of performing duties, 217. INJUNCTION- discretionary acts, 641. equitable remedy, 638. nuisance, when abatement of restrained, 644. president exempt, 648. rule in restraining illegal tax, 638. to correct abuse of power, 643. INSPECTORS OF ELECTIONS- INTERSTATE COMMERCE COMMISSION- power over witnesses, 394. INTRUDERS- into public office, 141. JUDGES- non-liability for judicial acts, 534. LEAVE OF ABSENCE- officer on, entitled to salary, 321. LEGISLATIVE CONTROL appointments, 86. elections, 32. offices, 17, 26. public printing, 13. qualifications for office, 184. removals from office, 255, 265. right to vote, 49. tenure of office, 7, 22. LEGISLATURE- non-liability of members for official utterances, 540. LIABILITY OF GOVERNMENT FOR ACTS OF OFFICERS, 491. at common law, 491. criminal liability of officers, 518. civil liability of officers, 520. INDEX. MAJORITY- [REFERENCES ARE TO PAGES.] necessary for valid official action, 368. MANDAMUS- acts impossible of performance, 612. demand and refusal, 617. discretion of court, 627. effect of change in office, 619. interest relator must show, 610. ministerial acts, 140. rule as to governor, 627. to public officers, 107. will not issue to president, 627. MARTIAL LAW- non-liability of subordinate for acts done under orders, 555. MAYOR- power, to prescribe regulations for civil service, 206. MILITARY SUBORDINATE- not liable for acts done under orders, 560. MINISTERIAL DUTY- enforceable by mandamus, 605. MINISTERIAL OFFICERS- liability of, 547. MUNICIPAL CORPORATIONS- construction of power to legislate, 379. elections in, 47. existence not open to collateral attack, 160. NATURALIZATION- effect of, 27. 705 |