The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1879-07-29
From the Albany Law Journal, June 9S.]
of Candidate to Per-
form Duties of an Office for Less
than Salary.
SUPREME COURT OF MISSOURI, JUNE, 1879
STATE v. COLLIER


STATE v. COLLIER
A candidate for county office publicly pledg-
ed himself before the election to perform the
duties of the office TOR much less than the
compensation established by law, by reason
whereof sufficient number of voters were
induced to vote for him to secure him the
election. In an action Of quo mtrranto- held,
on demurrer, that an information setting
forth the above facts was sufficient.
At mass convention Of the voters
and tax payers of Galloway county, held
in the city OF Fulton, August IT, 1878,
there we're present about one thousand
citizens Of the county, for the purpose
OF nominating candidates to be voted
for, for the various county Offices at the
general election in November, of that
year.. Respondent, Collier, was can
didate before the convention for the Of
! fice OF probate Judge OF the county, and
he offered a resolution, which was adopt-
ed by the convention, requiring delegates
to pledge themselves to perform the du-
ties of the various county Offices for
much less than the compensation allow
ed by law, among Others, that of pro-
bate Judge for $1,000. Respondent was
nominated for probate jadge, accepted
the nomination, made the pledge requir-
ed by the resolution, and canvsssed the
voters of the county prior and no to the
day of the election, pledgimg himself In
his public speeches, 10 the newspapers Of
the county, and in his personal solicita-
tions to the voters, to perform the du-
ties OF the Office, If elected, for 81, 400 a
year, declaring that the legal fees amsun-
ted to $2,6O0 per annum The ballot,
on which respondents name as candi-
date was printed, and which was voted
by the voters, was printed with the names
OF other candidates nominated at the
county convention, and was headed ::
Low Salary Democratic County Ticket
At the general election, November 5,
1878, respondent was elected probate
judge OF the county, receiving two hun
dred votes more than his competitor,
duly qualified, and entered upon the du-
ties of his Office. The attorney general,
February 7, 1879, filed his information
in the Supreme Court for writ of quo
toarranto against respondent, setting up
these facts, and asking judgment of GUS
ter, to which respondent demurred, as
signing specific reasons which are suffl-
ciently noticed in the opinion.
I Attorney General Smith. for relator.
Boul,odre, Smell & Flanagan, for re-
spondeni. %
SHERWOOD, c. j., delivered the opin-
ion of the court.
The legal sufIiciency of the informa.
ton being questioned by the demurrer,
requires at our hands an examination
into such alleged sufilciency.
| Every ono will concede that it is of
the first Importance that popular elec-
tious should be conducted in such a way
as to exempt them, 30 far as the iDfirmi-
ties incident to human agencies will per-
nit, from improper influences. Here the
demurrer confesses that being induced
by the offers of respondent to take for
his own use only $1,000 out of $500,
the aggregate fees Of the desired Office
of judge of probate, two hundred of the
voters and tax payers of the county who
would otherwise have voted for respon-
dents rival, changed their purpose, and
voted for respondent, who, but for such
offers and their acceptance, would never
have been elected. These admissions
of the demurrer throw the burden of the
assumed lawfulness of his acts upon the
shoulders of the respondent, and the
question arising upon the admitted facts
is, whether the means employed by him
to secure his election were lawful means
means such as this court can sanction,
when the respondent called upon by our
writ of quo ,odrranto, to disclose bis IL
tie to the Office of judge Of probate, dis
closes also that his title must, for it's va
lidity, ultimately rest upon the means of
whose employment the State in her in
formation complains. rs
In the recent case of State " Purdy,
i36 Wis: 2l3;S. G., II Am. Rep. ASS,
the question raised by this information
was learnedly and exhaustively discuss
ed, and in such manner as to leave
nothing to be desired, and the conclu
sion there reached that means similar to
those employed in the present instance
wore not to be tolerated, and that the H.
tie to the office secured thereby would
| be declared invalid There the contest
was between two individuals as to whom
was entitled to the Office of county
Judge; the relater claiming it in couse-
auence of the reception Of twenty three
more votes than the incumbent, but the
latter claimed in his!answer that the sal
ary OF county judge was fixed at 81 900
that relator, being candidate for the
office, published and circulated through
the county q promise addressed to the
lelectors. thereof, that if elected county
Judge be would perform all the duties
and furnish an Office, and all other Incl
dentals except the record books, for $500
per anuum during his term, and that
|. solely by this offer, one hundred Of the
voters OF the county were induced to
vote for relator, thus securing his elec.
ton. This was held sufficient on de
Inurrer. r..... ess. f,5.
l am unable. to distinguish this case in
principle from that one. Here. sit is true
the result of respondents action, if be
complied with his promise, will not b.
! as there, the enriching Of the county
treasury-by refraining from withdraw.
ing .therefrom sum of money, and
! thereby benefting, pecunisrily, each tas
payer in the connty-but the legal effec
, Of the offer of the respondent is in no
wise different; for while he does not pro.
pose to enrich the treasury OF the coun.
/ ty, as IN the Wisconsin case, he does
. propose to impoverish himself, and ben
eft every suitor who might come befor,
him in his judicial capseity, by dimin
( ishing his lawful fees to less than one
/ half Of their usual rate. IL other words
he appealed, and the demurrer admits ht
was successful in that sppesl-not to th,
, fair and honest judgment of the voter
; touching his qualifications and fitness
: for the Office to which he aspired, but L
e the cheapness with which he would dis
=