Page:The New International Encyclopædia 1st ed. v. 14.djvu/878

OFFICE. 748 OFFICE FOUND. is often governed by statute, and a decision by a majority, or even a majority of those present at any meeting, is made binding. Members of Slate or" national legislatures are not usually termed otiicers, the word being confined in usage to those having executive or judicial authority. A de facto oflicer is one who is in possession of the aitliority and emoluments of an office without a good title thereto, while a de jure officer is one who has the legal right, but not necessarily ac- tual possession. It is evident that it would make nuich confusion and cause gieat injustice if all otlicial acts of a de facto officer were to be con- sidered as of no elTect. Thus, in the case of a judge who was wrongfully on the bench, it would be a great hardship if all judgments given by him, and all criminal convictions of his court, should be set aside. But if suit be brouglit by a de facto officer in his public capacity, be may be debarred from recovery on the ground of defect in title, and the dc jure officer may test the question of title by bringing a writ of quo warranto. See De Facto. Public officers are appointed in the United States, under the provisions of the Constitution, by the President with the advice and consent of the Senate, with the excejjtion that to Congress is given the power to vest in the President alone, or in the heads of departments or courts of law, the appointment of 'inferior officers.' Ambassa- dors, public ministers and consuls, and Supreme Court judges are specified as not belonging to this "inferior' class, but beyond that the distinc- tion is not clearly defined. In the various States the appointment of public officers is regulated by statutes, and even in the case of Supreme Court judges election is common. The appointee in most cases is required to take an oath to per- form faithfully the duties of the otlice. A bond is often required where the officer has charge of financial interests or his duties affect property rights. Where he performs otlicial acts before giving bond or taking oath, such acts will be valid unless he has been specially prohibited by statute or Constitution from holding the office before the bond was filed or the oath admin- istered. Compensation of officers may be fi.xed by law or may be obtained from fees. It is provided in the United States statutes that no officer of the Government who hidds an office with a salary of $2.j00 or more shall receive extra compensation for performing the duties of any other office un- less expressly authorized by law. Where an of- ficer has been removed, his salary will continue until proper notice of the appointment of his successor has been given him. Compensation does not begin until an officer is liable to duty. The law will presume that a public officer is acting within the scope of his duty until the re- verse has been shown. Where di-icretionary power is given, the officer is made the exclusive judge of the facts. The officer is lialile for wrongful acts both to the injured party and to the State. In the first case remedy is by action, in the sec- ond by indictment or impeaehment. The order of a superior is no bar to an action arising from an unlawful act of the inferior, nor is neg- ligence on the part of a subordinate ground for holding the bead officer responsible. Contracts made by public officers are governed by the gen- eral law of agency and they cannot bind the Government bevond the extent of their legal au- thority. If an appropriation is exceeded, the officer is liable, A court officer cannot be held if acting imder the proper order of a court hav- ing jurisdiction, but may be where there is no jurisdiction. If a sheriff seize property which is by law exempt, he is personally responsible. The method of removing a public officer of the United States is not provided for in the Consti- tution, and the question arises whether the power belongs to the President alone or whether he must receive the consent of the Senate. The question has several times come before Congress, and the power of the President to act alone sustained by a very close vote. By statutes of 18G7 and 18G9 it was provided that a civil of- ficer appointed by the advice and consent of the Senate shall hold his place until removed by the same authority, but that during a recess of the Senate the President may suspend such officer and appoint another to fill the duties of the posi- tion. The President is to make a nomination within thirty days after the beginning of the next session of the Senate ; and in ease the Sen- ate directly refuse to confirm, he may nominate another person. These statutes are known as the tenure-of-office acts (q.v. ). State officers may in many cases be removed by the Governor ; the subject is governed by statutory enactments, which vary greatly in the difl'erent States. Elec- tive offices cannot be vacated by an executive officer without showing cause, such as malfeas- ance or embezzlement. A term of office may be extended or reduced by action of the Legislature unless such action be prohibited by constitu- tional provision or the office be elective in its nature. Officers of the United States courts hold during good behavior, but those of the Ter- ritorial courts do not fall within the clause of the Constitution already referred to. and depend upon the action of Congi'ess for the limitation of their terms. If neither State nor National Con- stitution prescribe the length of a term, the subject is under legislative control, and may be extended or shortened, or the office abolished altogether. See such titles as Director: Secre- tary; (JovER.N'OR; President, etc.; and consult authorities under such titles as Contract; Tort; Agent; Administrative Law; Municipality, etc. OFFICE. lloi.Y, Congregation of the. See iNljl ISITION. OFFICE FOUND. In case of an inquest of office, a finding by the jury that the property whicii is the subject of the inquest is forfeited to the Crown or State, Such a finding, by which lands were formerly declared forfeited uniler the feudal laws, is now in the United States gener- ally a necessarv part of the proceedings that must lie taken to enforce the forfeiture to the State of lands held by aliens who at common law arc or become under a legal disaldlity to hold lanils vested in them, and also of the pro- ceedings taken to vest in the State title to lands left by a person without any heir. The pro- cedure", however, is rarely resorted to against an alien while living: and somelimes upon flic ileath of an alien who leaves no hiwfiil heirs, and wliose natural heirs are disiiualified to take his lands, siiecial statutes are iiasscd waiving the forfeiture to the State and restoring the lands to the natu- ral heirs. See Alien; Inquest (of office) ; For- feiture.