In re Corliss

• Decision Date: 28 November 1876
• Citation: 11 R.I. 638
• Parties: IN RE GEORGE H. CORLISS.
• Court: Rhode Island Supreme Court

11 R.I. 638

IN RE GEORGE H. CORLISS.

Supreme Court of Rhode Island.

November 28, 1876

The office of a commissioner of the United States Centennial Commission is an " office of trust," under art. 2 § 1 of the Constitution of the United States.

Such a commissioner, when chosen an elector of the President and Vice-president of the United States, cannot, by declining the office of elector, create such a vacancy therein as is provided for by Gen. Stat. R.I. cap. 11, § 7.

A person disqualified as elector of the President and Vice-president of the United States, by holding an " office of trust or profit under the United States," cannot remove the disqualification by resigning the office unless his resignation precedes his appointment as elector or, in Rhode Island, his election to the position of elector.

The election to such position of a person so disqualified does not result in the election of the candidate receiving the next highest number of votes, but in a failure to elect.

The case of such failure is provided for by Gen. Stat. R.I. cap 11.

GEORGE H. CORLISS, chosen in Rhode Island an elector of the President and Vice-president of the United States, in November, A. D. 1876, was, when chosen, the Commissioner from Rhode Island of the United States Centennial Commission. Thereupon the governor, acting under article 10, section 3, of the Constitution of the state, which provides that " the judges of the Supreme Court shall give their written opinion upon any question of law whenever requested by the governor," addressed to them the following communication: -

" To the Honorable the Judges of the Supreme Court of the State of Rhode Island:

The undersigned, Henry Lippitt, governor of said state, respectfully asks for a written opinion upon the following questions of law: -

First. Is the office of Commissioner of the United States Centennial Commission such an office of trust or profit under the United States as to disqualify its holder for the office of elector of President and Vice-president of the United States?

Second. If so, does such a candidate for the office of elector who receives a plurality of the legal votes given, and declines said office, create such a vacancy as is provided for in section 7, chapter 11, of the General Statutes?

Third. If no, is the disqualification removed by the resignation of said office of ‘ trust or profit?’

Fourth. If not, does the disqualification result in the election of a candidate next in vote, or in a failure to elect?

Fifth. If, by reason of the disqualification of the candidate who received a plurality of the votes given there was no election, can the general assembly in grand committee elect an elector?

Please favor me with a reply at the earliest possible moment.

" HENRY LIPPITT, Governor ."

OPINION OF THE COURT.

To His Excellency, Henry Lippitt, Governor of the State of Rhode Island and Providence Plantations:

We have received from your Excellency a communication requesting our opinion upon the following questions, to wit: -

" First. Is the office of Commissioner of the United States Centennial Commission such an office of trust or profit under the United States as to disqualify its holder for the office of elector of President and Vice-president of the United States?

Second. If so, does such a candidate for the office of elector who receives a plurality of the legal votes given, and declines said office, create thereby such a vacancy as is provided for in section 7, chapter 11, of the General Statutes?

Third. If no, is the disqualification removed by the resignation of said office of trust or profit?

Fourth. If not, does the disqulaification result in the election of the candidate next in vote, or in a failure to elect?

Fifth. If, by reason of the disqualification of the candidate who received a plurality of the votes given there was no election, can the general assembly in grand committee elect an elector?"

We will give our opinion upon the foregoing questions in the order in which they are propounded.

1. We think a Commissioner of the United States Centennial Commission holds an office of trust under the United States, and that he is therefore disqualified for the office of elector of President and Vice-president of the United States.

The commission was created under a statute of the United States, approved March 3, 1871. That statute provides for the holding of an exhibition of American and foreign arts, products, and manufactures, " under the auspices of the government of the United States," and for the constitution of a commission, to consist of not more than one delegate from each state and from each territory of the United States, " whose functions shall continue until the close of the exhibition," and " whose duty it shall be to prepare and superintend the execution of a plan for holding the exhibition." Under the statute the commissioners are appointed by the President of the United States, on the nomination of the governors of the states and territories respectively. Various duties were imposed upon the commission, and under the statute provision was to be made for it to have exclusive control of the exhibition before the President should announce, by proclamation, the time and place of opening and holding the exhibition. By an act of Congress approved June 1st, 1872, the duties and functions of the commission were further increased and defined. That act creates a corporation, called " The Centennial Board of Finance," to coö perate with the commission and to raise and disburse the funds. It was to be organized under the direction of the commission. The seventh section of the act provides " that the grounds for the exhibition shall be prepared and the buildings erected by the said corporation, in accordance with plans which shall have been previously adopted by the United States Centennial Commission; and the rules and regulations of said corporation, governing rates for entrance and admission fees, or otherwise affecting the rights, privileges, or interests of the exhibitors, or of the public, shall be fixed and established by the United States Centennial Commission; and no grant conferring rights or privileges of any description connected with said grounds or buildings, or relating to said exhibition or celebration, shall be made without the consent of the United States Centennial Commission, and said commission shall have power to control, change, or revoke all such grants, and shall appoint all judges and examiners, and award all premiums." The tenth section of the act provides that " it shall be the duty of the United States Centennial Commission to supervise the closing up of the affairs of said corporation, to audit its accounts, and submit in a report to the President of the United States the financial results of the centennial exhibition."

Is is apparent from this statement, which is but partial, that the duties and functions of the commission were various, delicate, and important; that they could be successfully performed only by men of large experience and knowledge of affairs; and that they were not merely subordinate and provisional, but in the highest degree authoritative, discretionary, and final in their character. We think that persons performing such duties and exercising such functions, in pursuance of statutory direction and authority, are not to be regarded as mere employees, agents, or committee men, but that they are, properly speaking, officers, and that the places which they hold are offices. It appears, moreover, that they were originally regarded as officers by Congress; for the act under which they were appointed declares, sec. 7, that " no compensation for services shall be paid to the commissioners or other officers, provided by this act, from the treasury of the United States." The only other officers provided for were the " alternates" appointed to serve as commissioners when the commissioners were unable to attend.

We think, too, the office is an office " under the United States." It was created by act of Congress, and all its powers and duties were conferred and imposed by Congress. It was created not for the service of any particular state or section, but in the interest of all the States united. The commissioners were appointed under the act by the President, and were commissioned like other United States officers. There seems to be no room for doubt upon this point.

Is it an " office of trust or profit under the United States?" It is not an office of profit under the United States, for the commissioners are not entitled to any pay from the United States, nor to any perquisite or emolument under any law of the United States. But we think it is an office of trust. It is true that originally the United States had no pecuniary interest in the exhibition. The commissioners, however, were to be intrusted with a large supervisory and regulative control of the property sent for exhibition; and from the time the government gave its sanction to the exhibition, and especially after the President issued his proclamation, the honor and reputation of the United States were pledged for its proper management to its own citizens and to foreign nations. From that time the honor and reputation of the United States were largely in the keeping of the commissioners; and in this view there was a very delicate and important trust reposed in them. It would be a narrow, and we think an improper interpretation, to hold that an office is an office of trust only when the officer has the handling of public money or property, or the care and oversight of some pecuniary interest of the government. But even if it were so, there came a time when the United States did become pecuniarily interested in the exhibition by the...