Mobile register and journal. [volume] (Mobile, Ala.) 1841-1849, 1845-10-29

interests are ieopardized by permitting Thompson q
continue 10 nci Clerk; and that, in order to prD.
teci these int, rests, the Judge OF he Count, Court
ought TO accept the bond oil Rust. and aid to place
him IN possession Of lie Office "Trip this opinion OF
I'll circuit5 of EXPRESSION, and us whole Substance
aud spirit is ihis: that tie Iudge Of tue Count,
Court shall undertake 10 guardian of the pub.
lie interests regardli Of The limits of his own au.
thOrity, and tranipiing The rights Uf individual il
nd the Jurisdiction ri he Judge oithe Circuit Coart
Perhaps Inst officer has fnmed different opinion OF
his duty Perhaps he IL ems 1t his pi 0vince not 10
vic late the law, bur merely la expound and admin.
lister il The existing law farbids him 10 inter iere
between the conending parties during the pendrncy
Ol AT appeal; and if This law is defective, he ought
to leave TO different branch of the govermrn tho
duty Of amending it, in order that II may better pro-
tect the interests ui the people.
The whole of thp argument of our learned jurisls
in relation 10 The Clerks bond hllacous in H.
self, rests ia se assumption. II IS not that
the securities on Thompson's bond are free from
responsibility for him. accrung after The expiration
Of his regular term OF office. Ii rs an elementary
principle If our government. that ministerial Off
Ger shall hold his office until the person authorized
to succeed him shall have been duly qualified. This
principle is constantly acted on, and acquesced in
aud nppi owed by our whole psople, by individual ci
tizens by suitors by defendants, by other public Of
| hcers, and by our Courts Al every election OF II
sheriff, m every County in the State the old officer
retains tne once ana performs lis functions untlItnf
nav sheriff, after the lapse CT Il longer shorter pc
riod, shall have drained his commission and been
duly qualified. During that interval the old officer
il the sheriff de faco, by virtue of The election which
laced him in Office. And we believe that o'e
has ever questioned the validity ot his during
that period Al the last election Of Sheriff, The whole
community regarded Hnggns, the old officer, az
sheriff de facto. until Bancroft was commissioned
and qualified This principle, essential To the
continued aud Sular operations Of our government,
never before questioned, Is fully recognized by
Supleme Court, in The of BorduranI, ct. al. V.
Buford reported nj page $50, in the lst volume of
Ala Reports. The Supreme Court uses the follow
ing language: ''1hough sheriff ceases to be such,
de jure. nj 'he expiration Of three years, from The
time OF his election, yet many of his may be
lid rs sheriff dc Jdcto, even after that period, fhis
legally chosen successor has heen mducied into
office, upon taking The oath and executing snch
bond as the law requires" Whit is true in rea-
tion 10 the sheriff is equally true in relation 10 the
clerk. On the election of Thompson, Gcn. Tsy lor,
The officer who preceded him. was clerk de fdciO,
until Thompson WIS qualified and took possession Of
the office II Rus has in fact been lawfully elected,
Thompson nevertheless is, and will continue 10 he
Clerk de fato, by virtue Of the previous election,
Ill Rust shall be commits soned and qualified And
viii not be denied that the securities Thomp-
sons official bonds are responsible for hin until he
shall cease be Clerk de facso
There is M reasonable preteace under which the
Judge 0 the Countf lo'rt can nlercre IN THIS COLI
tested election. lie cannot interfere in il without
transcendins his authority and breaking down The
safeguards Of the law. This statute, in apply ing an
early corrective TO Injustice proceeding FROM the
mistakes, The pariay the injustice Of the mana
gers Of elections is greatly be preferred 10 he old
remedy by QUO warramto, which. bein. subject all
the DELAYS OF an ordinary sui, in Conrl, may not
award The office t" the party entitled 10 it, until
large part, perhaps the ~aeie OF bis term has expir
ed Ii has most sainiarv tendency in preserving
The purify Of elections. The attempt 10 subvert his
law IS an attempt TO suppress Justice and 10 impair
the rights If the people in Inc choice of public Off
cets. SENEX.