The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-10-26
ELIGIBILITY.
Can United States Oacer &c Member
of the Constitutional Convention?

Editor Nep Nortl-West:
Section 1854, u. 3. Statutes, reads: "No
member of the Legislative Assembly Of any
Territory now organized shall hold or be
appointed TO any Office which has been Gre
atsd, or the salary or emoluments Of which
have been increased while be was member,
during the term for which he was elected,
and for one year after such term;
and no person holding . commission or ap-
pointment under the United States, except
postmasters, shall be member Of the Leg
islstive Assembly, or shall hold any Office
under the government Of any Territory.
The exception Of postmasters shall not apply
TO the Territory of Washington"
Query Is the position of . delegate to the
Constitutional Convention, to convene in
Helena In January next, an Office from which
a member of the Legislative Assembly or
United States officer is excluded, in the con-
temptation Of the foregoing section?
The act of the Legislature calling the con-
vention says: "The members of said con-
vention, before entering upon the discharge
Of their duties, shall severally take aud sub.
scribe the odt h Of office now prescribed for
members of the Legislative Assembly,"
Bouvier's Law Dictionary gives this
definition of the word Office "a right to ex-
ercise public function or employment, and
to take the fees and emoluments belonging
to it."
Abbott's Law Dictionary says: 1.-THE ele.
mentary rles Of the word, when used in its
abstract sense, seems to be, Q duty Of trans.
acting affairs of q certain class, imposed by
appointment from superior authority"
Abbott further gives the following "ac.
cepted definitions" taking the word more
particularly with reference to government
appointments:
Where one man hath TO do with another's
affairs against his will, aud without his will
this Is an Office, and he who Is in /: an officer
Garth. ATS.
Office is defined TO be, right to exercise
public or private employment and take the
fees and emoluments thereunto belonging
whether public, as those of magistrates; Of
private, as of bailifIs, receivers, or the like
Blackstone's Com. chap. 3 p. SO.
Any man Is public officer who hath any
duty concerning the public. And he is moi
the less public officer where his authority
Is confined to narrow limits; for it Is tb'
duty of his Office, and the nature of tina
duty, which makes him an officer, and no
the extent of his authority.-Cdrth. 479
Jacob.
| Office is a position or station in which
person Is employed to perform certain du
ties, or by virtue of which he become
charged with the performance of certain du
ties, public or private. The idea Of an offic
clearly embraces the ideas Of tenure, dura
ton, fees, or EN- oiuments, rights and powers
IS we'll IS that Of duty.-BwriH.
An Office Is q public station or employ
ment, conferred by the appointment Of GOV
eminent. The term embraces the ideas Q
tenure, duration, emolument, and duties
@ Wall, 1856.
In the abstract, the word Office signifies
place Of trust. In legal idea, an Office Is q
entity, and may exist, though without an il
cumbent.-2S Cal. 1872.
When an individual has been appointe
or elected In 9 manner prescribed by law
has designation or title given HIM by Law
and exercises functions affecting the public
assigned him by law, he must be regarded q
public officer. Whether he has been com
missioned in form can make no difference
the commission Is but evidence of title I
the office.-Bradford Us. Justices, 80 Ga. ,33:
An Office Is a right TO exercise a publ
function or employment.-2 Ind, 449;
Ind, 500.
AN Office, such as Legislators are forbidde
to create and then enjoy, is any continuln
change or employment or duty, defined b
rules prescribed by law and not by contrac
Shelby d Acorn, 80 Miss, 273.
The above are submitted as bearing on tt
question raised In the excerpt from the Mao
tsonian published In the NEW NoRTH-WEs
last week.