References are to Sections.

PUBLIC OFFICER-Continued.

C. WHO MAY BE.

I Of Eligibility in General.

eligibility not a natural right, 64.

may be controlled by the constitution, 65.
otherwise legislature may prescribe, 66.
right usually co-extensive with suffrage, 67.
II. Causes that may Disqualify, 68.

idiot or insane persons not eligible, 69.

ability to read and write may be required, 70.

infants can not hold officers requiring judgment or discretion, 7L
but at common law could hold ministerial office, 71.

illustrations of these rules, 71.

constitution fixes ages for certain officers, 72.

women generally not eligible to public offices, 73.
what common law offices they could hold, 73.
could not be justice of the peace or attorney, 73.
aliens can not hold office, 74.

re-trictions to "inhabitant" or "voter," 75.

persons holding prior offices may be declared ineligible, 76.
illustrations of this rule, 76.

criminal practices may disqualify, 77.

as by engaging in duel, 77.

or bribery as fraud, 78.

or being a defaulter, 79.

or engaging in rebellion, 80.

property qualifications may be required, 81.
residence for given period may be required, 82.
must be complete at time of election, 82.
professional attainments may be required, 83.
veteran soldiers may be given preference, 84.

unless conflicts with constitutional powers, 85.
civil service examination may be required, 86.

but can not defeat constitutional discretion, 87.

III. Removal of Disability.

how when disability removed before term begins, 89.

the rule in Wisconsin, 90.

the rule in Kansas, 91.

other views, 92.

contrary rules to above, 93.

disability arising after election, 94.

IV. Changes in Qualifications.

state regulations control in state officers, 93.

United States regulations in United States officers, 95.

legislature can not affect constitutional qualifications, 96.

where no constitutional prohibition, legislature may change qualifi

References are to Sections.

PUBLIC OFFICER-Continued.

legislature can not make political opinions a test, 98.

or require a religious test, 99.

D. APPOINTMENT OF OFFICERS.

forbids office to be held in trust.

contracts opposed to public policy are void, 349.

I. CONTRACTS TO SECURE APPOINTMENTS OR ELECTION TO OFFICE.
agreements to appoint one to office are void, 350.

contracts to procure appointments to office are void, 351.

same rule applies to private offices and employments, 352.

contracts for procuring or improperly influencing elections are void, 353.
what services are legitimate, 354.

contracts diminishing competition for offices are void, 355.

II. CONTRACTS FOR THE SALE OF OFFICES.

contracts for the sale of public offices are void, 356.

contracts to resign office in another's favor are void, 357.

contracts for exchange of offices are void, 358.

III. CONTRACTS FOR INFLUENCING OFFICERS AND OFFICIAL ACTION.
contracts for improperly influencing official action are void, 359.
contracts to improperly influence legislative action are void, 360.
legitimate services, 361.

procuring contracts from government or heads of departments, 362.
illustrations, 363.

contracts to procure allowance of claims, 364.

contracts to procure compromise of crime or discontinuance of criminal
proceedings, 365.

contracts for procuring pardons, 366.

how where conviction illegal, 367.

contracts leading to violation of duty are void, 368.

contracts imposing restraints upon performance of duty are void, 369.

References are to Sections.

PUBLIC OFFICER-Continued.

IV. CONTRACTS RESPECTING THE EMOLUMENTS OF PUBLIC OFFICERS.
contract that stranger shall receive all of the emoluments is void, 370.
contract that stranger shall receive part of the emoluments is void, 371.
contract to surrender all or part of emoluments to the public is void, 372.
an election procured by such contract is void, 373.

contracts to pay additional compensation for performance of duty are
void, 374.

contract to pay for services in independent employment is valid, 375.
contract to pay reward for performance of official duty not valid, 376.
contract to accept less than legal compensation is not binding, 377.
contract to waive legal means for collecting compensation is void, 378.
V. CONTRACTS RESPECTING DIVISION OF FEES WITH DEPUTIES

where all fees belong to principal he may contract for portion of those
earned by deputy, 379.

but contract to pay principal a fixed sum at all events is void, 380.

where fees legally belong to deputy, contract to divide these is void, 381.
PUBLIC PROPERTY,

officer must account for, 916.

may be recovered from third persons, when, 923.
PUBLIC-RIGHTS AGAINST THE OFFICER,

in general, 908.

I. DUTY TO ACCOUNT FOR PUBLIC FUNDS.

in general, 909.

at what time officer should account, 910.

when officer chargeable with interest, 911.

extent of liability under statutes and bonds, and excuses for defaults, 912.
legislature may relieve officer from his liability, 913.

when action may be begun, 914.

can not set up illegality of transaction to defeat right to an accounting,

915.

II. DUTY TO ACCOUNT FOR PUBLIC PROPERTY.

nature and extent of the duty, 916.

PUBLIC-RIGHTS AGAINST THIRD PERSONS,

public may enforce contracts made with its officers and agents, 918

undisclosed principal, 919.

public may recover value of goods sold by its agents, 920.

public may recover money wrongfully paid out, 921.

how far public may follow its funds, 922.

public may recover property wrongfully disposed of, 923.
state not estopped by unauthorized acts of its officers, 924.
state entitled to priority of payment, 925.

PUBLIC SCHOOL OFFICERS,

See SCHOOL OFFICERS.

QUALIFICATIONS FOR OFFICE,

See ELIGIBILITY.

QUALIFICATIONS OF VOTERS,

References are to Sections.

QUALIFYING FOR OFFICE,
in general, as to purpose of, 253.
what constitutes qualification, 254.
1. ТНЕ ОАTH OF OFFICE.

oath not indispensable, 255.
what oath is to be taken, 256.

exemption from taking oath, 257.

form prescribed must be substantially followed, 258.
requirement of oath cannot vary constitutional rights. 259.
nor disqualify for act not a crime when committed, 260.
oath need not be in writing unless law repuires it, 261.
effect of not taking oath, 262.

II. OFFICIAL BONDS.

in general, 263.

are required by law, 264.

1. When to be Given.

statutes usually directory and not mandatory, 265.

failure to give within time prescribed does not work forfeiture, 266.
2. Form of Bonds.

terms prescribed by statute, 267.

statutes are usually directory, 268.

informalities which do not invalidate-instances, 269.

same subject-failure to approve or file, 270.

when defective statutory bond good as common law obligation, 271.

voluntary bond in place of statutory bond, 272.

purely voluntary bond not enforced, 273.

bond with excessive condition extorted void, 274.

bond of de facto officer is valid, 275.

bond of deputy valid, 276.

effect of blanks left unfilled, 277.

QUASI-JUDICIAL OFFICERS,

who are, 636.

quasi-judicial functions defined, 637.

quasi-judicial officer exempt from civil liability for his official action,

638.

to what officers this rule applies, 639.

whether liability affected by motive, 640.

officer must keep within his jurisdiction, 641.

quasi-judicial officer liable who invades rights of property, 643.
liable where be acts ministerially, 643.

certiorari to, 1011.

QUO WARRANTO,

nature of the remedy, 477.

in what cases applicable, 478.

lies to try title to office, 478.

to obtain office to which relator is entitled, 478.

to oust unlawful incumbent, 478.

References are to Sections.

QUO WARRANTO-Continued.

does not lie where position is not a public office, 479.
right to mere employment not tested by, 479.

what are offices within this rule, 480.

what are not offices, 481.

possession and user of office by defendant must be shown, 482.

mere claim to office not enough, 482.

taking oath is a sufficient user, 482.

effect of abandonment of office, 482.

is a civil proceeding, 483.

but is criminal in form, 483.

question of granting lies in sound discretion of court, 484.
will not be granted when it will be unavailing, 484.

or where it will work disastrously, 484.

or where new election is about to occur, 484.
acquiescence of relator will bar writ, 485.

or unreasonable delay, 485.

other remedy, if plain and adequate, bars writ, 486.
special statutory remedy excludes this, 487.
proceedings are conducted in name of public, 488.
how when offices held under United States, 488.

practice in instituting proceedings, 489.
interest required in relator, 490.

information must show what, 491.

defendant's pleadings must show what, 492.

replication, 493.

burden of proof rests upon what party, 494.

jury trial may be had when, 495.

judgment may be what, 496.

effect to be given to judgment, 497.

damage for usurpation may be recovered when, 498.

costs may be awarded when, 499.

RATIFICATION,

1. IN GENERAL.

2.

8.

authority may be conferred by ratification, 526.

what is meant by ratification, 527.

WHAT ACTS MAY BE RATIFIED.

in general, 528.

the general rule, 529.

torts may be ratified, 530.

void acts can not be ratified-voidable acts may be, 531.

illegal acts can not be ratified, 532.

WHO MAY RATIFY.

in general, 533.

corporations, private and municipal, may ratify, 534.

state may ratify, 535.

when officer may ratify, 536.

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