Pine Bluff daily graphic., 1903-11-17

Vlded Tor by the constitution ltSelf fO1
| the purpose of performing the func-
| tions of the state government and adj
| minstering and enforcing its laws.
This Interpretation IS conceded to
| be correct by counsel on both sides in
this case and it is, therefore. unnec-
| essary to consume space in citing
authority in support of it. This leaves
us 10 consider the real issue here in
its simplest, most direct form: rs the
Office of chief of police a state office
or office of the state government?'
| The office of chief of police is one
not created or provided for in express
terms by the constitution or any stat
| u in this state but its existence is
| recognized in sections 52S4-529O of San
| dels and Hills Digest the first of which
provides that the mayor of city of the
| first class shall have power to "ap
point the chief of the police depart
ment. The others refer to his powers
and duties.
There are some authorities which
seem to hold that policeman is state
officer. and some expressions in the
text books which seem to lend color
to this view; but upon close investi-
cation it will be seen that the term is
used i'll a limited and highly technical
sense; and generally to distinguish a
public officer who is appointed by del
egated authority from the state to
serve public purpose from one who
/ is merely the private agent of a cor
poration. In the cases cited by de-
fendant the real issue was whether
or not the municipal corporation was
liable in damages to the person in
jured by the wrongful acts of its po-
lice, and the question: rs a ponceman
a state officer?" was only collateral
to the main point in the controversy.
There is a wide difference between
state officer and an officer created by
the laws Of the state. For example
the law provides for the appointment
Of road overseers and prescfibes then
term Of Office, powers and duties, yet
counsel would hardly contend that
road oVersccr is q state officer
So of leyea commissioners: commits
sioners Of Improvement districts in
cities: judges and clerks of elections,
and in many other minor functionaries
created by law and serving the public.
Many of these have special terms of
office: they are qualified and sworn
like state officers. receive emoluments
from their positions and assist in
greater or less degree in carrying on
the machinery of the state government
in more Or less limited areas yet it
would be difficult to find intelligent au-
thority seriously contending that they
are Estate officers" within the purview
of the constitution. =,
Article 16, section 5, of the con-
stitution Of Florida provides that mo
person shall hold Or perform the func-
t'Grs Of more than one Office under the
government of this state at the same
time 1t was held by the supreme
court that this does not preclude the
performance by the Sheriff of the coun-
=, ty of the duties of city marshal. as
the city marshal is not a state Of
/ ficer within the meaning of such pro-
vision.
Atty. Gen. V. Connors, 9 Sou Rep z.
The constitution of Missouri gives
!, the supreme court of that state juris-
, dietion in cases wherein state Office
is contested. The supreme court held
that the expression Estate officer as
there used applied only to such officers
as had jurisdiction throughout the
state.
i State V. Bus. 80 l.. r. \ 6!S-19.
In Britton V. Steber G2 Mo. $40, re-
ferring to the same p owls ion Of con-
stitution, the supreme court OF Mis-
souri, said: I'VE do not regard the may
Or of city as an officer under the
state within the meaning Of the consti-
tutional provision. There is a recog-
nizad distinction between the state
officer who has duties over the $ ate
at large or the general pubic, al
though exercised within defiuite ter
ritorial limits, and the municipal Of
ficer, whose functions relate exclusive
ly to particular municipality A state
officer may be connected with some
municipal functions. but he must de-
rive his powers from a state statute
and exercise his powers in obejlicnca
to state law. (Sta.e v Vale, Al Mo
29). Whilst II is true that the stat, -,
grants charter under which the city is
organized and acts, yet those elected III
obedience to that charter peri
strictly municipal functions, and
do not act in obedience to state laws
in the manner enjoined upon state
officers Therefore, if the mayor is