Birmingham age-herald., 1895-06-15

exercised within defined territorial 1im- its-and municipal officers, whose fune- tions relate exclusively to local concerns Of the particular municipality The ad- ministration of justice, the preservation of the public peace and the like, al- though confded to local agencies, are essentially matters of public concern, while the enforcement of municipal by laws proper, the establishment of gas works. water works. the construction of sewers and the like, are matters which pertain to the municipality as dstin- guished from the state at large"
 In the case of Shelby vs. Alcorn, S6 Mississippi, 273. eonstruing a eonstitu- tional provision similar to ours the court says: "The powers vested in the govern ment of the state of Mississippi are eth CT legislative, judicial or executive; and these respective branches of power have been committed to separate bodies of magistracy. It follows. hence. that whether an office has been created by the constitution itself, or by statute en- acted pursuant to its provisions, the in cumbent, as a component member of one of the bodies of the magistracy Is vested with a portion of the power of the gov ernment, whether the portion of the pow CT of the government which he is thus entitled to exercise Is legislative judicial or executive in its character.
 "lt is, therefore, undeniably true, as
 
 the defendant in error that the words, civil office under the state contained in the article of the constitution above referred to- inn port an office in which is reposed some portion of the sovereign power of the state. and, of necessity, having some connection with the legislative, judicial or executive departments of the govern ment. It Is a conclusion which is the necessary and logical result of the theory of the government itself
 The following citation from Maine Rep. 4S1, on similar question, is in point: We apprehend that the term office implies delegation of a portion of the sovereign power, and the posses sion of it by the person filling the office; and the exercise of aueh power within legal limits, constitutes the correct dis charge of the duties of such office. The power thus delegated and possessed may be a portion belonging some times to one of the three great departments, and sometimes to another; still, it Is legal power, which may be rlghtfully exer- cised, and in it's effects will bind the rights of others and be subject to re- vision. and correction only according to the standing laws of the state. An em- ployment merely has none of these dis tinguishing features A public agent acts only on behalf of his principal, the pub lie, whose sanction is generally consider ed necessary to give the act performed the authority and power of a public act or law. And if the act be such as not to require such subsequent sanction, still it Is only species of service performed under public authority, but not in exc cution of any standing laws. It appears, then, that every office, in the constitu- tional meaning of the term. implies an authority to exercise some portion of the sovereign power, either in making, ad- minlste1lng or executing the laws"
 In the case of state ex rel attorney general vs. Valle. fl Mo. 31, 1t is said;