, 1870-03-29

To The Editor cf The tk itupo Ttib4ae:
Whether the Office Of Sheriff Ut this county
il vacant or not, il question Of some import
ance to tho public. and Of special imrortauc,,
to several individuals, propose to show that
it is not vacant. / assume that Mr. Fischer
has gone to parts unknown, and that whether
lie Will ever return, and il 80, when, Is also un-
known,-in fact, that hs hiss abscopdcd.
The PROVISIONS Of tho statue upon the su,,-
lect arc Chap. Il, Sec 8, Revised Statutes.
1915: ~ any officer Of county shAu rumo,u
from AID permanently reside out Of tie same,
his office shall be deemed vacant, and sncl,
vacancy shall lie filled as in other casas.''
Chap. sy, Sec is, Revised Statutes, l8a5: tIn
care Of 4 vacancy in tho Office Of ShoriN by
death, resignation. removal, or otherwise. the
Coroner shall do and perform all tho lutics,"
&c. Act Of November 6, 1874: ''That wherever
vacancy ehall happen in tho of1ieu Of Sheriff
" Of any county Of this State, by daatl, ,.r.ssg-
nation. or removal uf Any Incumbent il shall s.e
the duty OF the Clerk Of the County Court Of
such county Immediately to notify tAe Gov
ernor Of That fact, and it ehal] be the dnts nf
the Governor to iesus . writ Of election to til
such vacancy, Hc.
know Of no other provision Of tho ssa.n,s
upon the subject. Lawyers will all aSreo that
the word d removal" i" as used in tho atatu,"r,
means the removal Of the incumbent from the
office. not the removal Of the individual from
the county. a. removal effected By son,s
court or officer bs law invested With tho power
to remove
In the case OF balance ry. Loouis ct al. y
ILL., l. 81. the very question VAS before the 81
F1eme Court OF tllis State - appears BY tia:
case that one Compiler, Sheriff 0f prar;a
County, ha'3 absconded, md Cleveland, VIII,
was Lis Deputy, was sought to tc eujau: Il
from executing deed Of some real cstasu
which had been sold hy Cleveland upon Al: y
ecutinn which came into his hands after Con
pher had ahscorded-
The Court says, page Sc: s. Until the ofti=,s
OF the Sheriff was tlelared 10 be vacant i. \
court Of competent juYistiction, or until q,
election WAS held and hucceeeoF WAS ol.ri.!
and qualified, the deputies o1 Compiler mis'4t,
NO think, discharge the duticH of tho ufi;.'$
The fact that tho Sheriff had xbecondcd hal
not been tudicially determined, nor had slc~
cassor been elected and qualified, anil
parronn having process could not certainly
know the fact and to hold that he had ab-
seconded, that tho Deputies ceased to have
power to act when be absconded, would render
all their acts void from the time he left the
county. They were officers de facto and.
while acting as such, their official acts viii ~:
he inquired into ns collateral proceeding, eul
~ their acta 1a1st be held 20 be binding, .;,l.!
the Office Of their principal was vacated by
direct proceeding
scarcely need add that half sheet Of &c
paper with Judge AcAuister'a name appenl'l
to it, not made a. part or in the progres. #
any Judicial proceeding. without notice 10 any
body, and without inquiry as to facts in any
form known to tho law, is not that kind OF Ill
rect proceeding which the Supreme Court
mfa1l In necessary t8, Tarat.' All n:th:a.