Collins v. Tracy
| Decision Date | 01 January 1871 |
| Citation | 36 Tex. 546 |
| Parties | W. COLLINS AND OTHERS v. J. W. TRACY. |
| Court | Texas Supreme Court |
1. State Constitutions are made with reference to existing laws, and do not further abrogate or change such laws than in respect of inconsistent provisions.
2. The Constitution of 1869 being silent respecting the office of county treasurer, it is obvious that the antecedent laws providing for that office, and prescribing its duties, are still in force so far as they have not been changed by subsequent legislation.
3. The act of June 28th, 1870 (General Laws, 17), empowered the Governor to appoint county treasurers, who should hold their offices “until the next general election in this State, or until otherwise provided by law.” Held, that an appointee under this provision acquired a vested right to the office, and was not removable by the Governor's subsequent appointment of a different person.
4. The power of removal from office is incident to the power of appointment in those cases only where the tenure is not fixed by law, and where the office is held at the pleasure of the appointing power.
APPEAL from Caldwell. Tried below before the Hon. Henry Maney.
The appellant, it appears, was appointed by the Governor, on the 1st of October, 1870, to the office of county treasurer of Caldwell county, then vacant by reason of the death of one Dorris, the previous incumbent. The appellant, having duly qualified, held the office until the commencement of this suit of mandamus by the appellee, on the 19th of January, 1872. The appellee alleged and proved that he had been appointed to the office by the Governor, on the 6th of December, 1871; and the court below rendered judgment in his favor, from which this appeal was taken.
L. J. Storey, for the appellant.
No brief for the appellee.
The question presented in this case, is whether a junior commission vacates a former appointment to the office of county treasurer.
The Constitution is silent as to the office of county treasurer; but state Constitutions are made with reference to existing laws, which laws are not changed by the Constitution, except so far as they may be inconsistent with its provisions.
It is obvious that the law providing for the office of county treasurer, and prescribing the duties incident to it, is still in force, only so far as it has not been changed by laws passed since its adoption.
The office of county treasurer is recognized by the Constitution; but the mode of appointment and...
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Ekern v. McGovern
...Appeal, 4 R. I. 595;State etc. v. Hawkins, 44 Ohio St. 98, 5 N. E. 228;State etc. v. Hoglan, 64 Ohio St. 532, 60 N. E. 627;Collins v. Tracy, 36 Tex. 546;State etc. v. Walbridge, 119 Mo. 383, 24 S. W. 457, 41 Am. St. Rep. 663;Biggs v. McBride, 17 Or. 640, 21 Pac. 878, 5 L. R. A. 115;Kennard ......
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Wentz v. Thomas
... ... 85, 12 P ... 879; [People ex rel.] Mosher v. Stowell, 9 Abb. N.C. (N ... Y.) 456; Hardy v. Reamer, 84 S.C. 487, 66 S.E ... 678; Collins v. Tracy. 36 Tex. 546. See, also, ... People v. Adams, 31 Colo. 476, 73 P. 866; Speed ... v. Detroit, 98 Mich. 360, 57 N.W. 406, 39 Am. St ... ...
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Wentz v. Thomas
...v. Ashenfelter, 4 N.M. 93 12 P. 879; Mosher v. Stowell, 9 Abb. N. Cas. (N.Y.) 456; Hardy v. Reamer, 84 S.C. 487, 66 S.E. 678; Collins v. Tracy, 36 Tex. 546. See, also, People v. Adams, 31 Colo. 476, 73 P. 866; Speed v. Detroit, 98 Mich. 360, 57 N.W. 406, 39 Am. St. Rep. 555, 22 L.R.A. 842: ......
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