The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1855-10-12

feet sentence which relates TO the vacancy occasion
ed by the resignation of Gen. keenan,, the meaning
is perfectly plain. That this imperfect sentence was
introduced mere parenthesis, and forms no part
OF the habeRdnm, seems manifest from the Whole
language of the Commission. That the s'term OF
three years" is 10 be read fixing the term OF Gen
eTal Bewman's Commission reasonable, be-
cause without reading IT, no term whatever is spe-
cihed II no term be specified the words 'l YOU shall
SO tong behave yourself well' would be senseless,-
They would have nothing to which they conld have
relation. The parrnhetcal statement that he is
Commissioned s'to ill the vacancy occasioned by
The resignation of Gen. Keenan, does not cut down
his term below the period prescribed by law. These
words are very frequently ntrodaced where an ap-
pointment Is made 10 I'LL vacancy oceasioned by
death or resignation. They do not OF themselves i'm
port any limitation of the term of the appontee. 1t
Is only in where the law declares that APP
polntment to Oil vacancy shall be for the unexplr
ed term OF the prevIou incumbent that they have any
effect whatever. In this the aw allows OF no APP
Ponment for shorter period than three years. The
reference TO the vacancy occasoned by the resigna-
ton OF Gen. keenan, Is therefore merely snTplusage.
1t did neither good nor harm. II like similar
language contained in the Commissions of Judges Cow
an and Brownson of the Supreme Court OF New IoTk.
They were appointed 10 fill vacancies occasioned bv
designations and the fact stated IN their re-
spectlve commissions but il never supposed that
this had the effect OF cutting down their judicial term.
The official term established by law is not 10 be
=
Commission. We are unanimously of opinion that
on fair construction OF the Commission granted TO
Gen. Bowman il was intended 10 give him the right
10 the Office for the OF three years If he should
so long behave himself well. But it seems that he
neglected 10 give the security required by law. He
has faithfully performed the duties OF the Office how
ever without complaints and, since these proceedings
instituted, he has rendered The security. The
omission 10 be lnadvertance There is moth
my ~lliui IN II so far Ii does not appear
that security was ever demanded, or that the State
has suffered any injury Tor the want of it, If the
omission furnished ground for refusing TO permit Gen.
Bowman 10 take possession OF the office, for i'm
pressing any penalty upon him it does not appear that
The Executive, or other authorities. did either the
one or the other. He was permitted 10 enter upon
the duties-iaGe charge of The public property-per-
form his public duty and to receive the salary provi
ded by law. Under these circumstances his tender
of security, the omission was brought TO
his notice. is suicientto entle him hold the office.
But for the period during which be performed the
duties OF the office without having given the reqnred
security he not strictly the officer de jnre. He
merely the officer defaeto. His acts good, so
far Others are concerned. But the rule seems to
be established that out the officer de jnrc
successfully claim compensation for official services.
Riddle Bedford CO., 5 4 Il. 3S9: Dillon
Myers Il al. Pemo Lau Join. l69, Brightleys n. T.
Rep. 326. 1t follows that Gen. Bowman is not en-
titled 10 the Mandamus. The performance of the
duties OF the Office before giving the security
prohibited BY law. The law must therefor refuse 10
aid him IN compelling payment for services thus rem
dered against its direction.
This view OF the case renders il unnecessary oex-
press any opinion me question whether The trEe
TO officer be determined in a Mandamus for
the salary.
Manlamus refused.