The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-08-01

ture could not make an act on the
part of an official mlsfeasance in of
fee which, under the constitution
was not misfeasance in office, and In
that case the court of appeals approx
cd the case of the commonwealth VS.
Barry, and the later case of the com
monwealth VS.. Chambers, and quot
ed from the latter case. with approx
al, the following language at was
proper to separate the character OF
man from the character of the office
and that il (meaning the court
of appeals) had no power to remove
a clerk for crimes committed by him
50 long as he discharged the duties
of his office" And in the Williams
case the court says. mo complaint
is made that the appellee (Williams)
did not faithfully. honestly and ear
nestly discharge the duties of his Of
fee, and fult quitting from the
same opinion, "There was, therefore
no misconduct as an officer on his
part, however repreLensible his con
duct as an individual may have
been
Our present constitution, section
227, which | understood to be prac-
tically declaratory of the common law
on the subject of removal from Office
provides, la substance, that county
Jaile,S. county judges, and a mum
Der Of other county officials, should
be subject to indictment or prosecu-
ton for malfeasance, or misfeasance
IN OFFICE, or willful neglect in the
discharge of official duties" in such
mode as may be prescribed by law,
and upon conviction, the office shall
become vacant. This provision of the
constitution is in line and in accord
with the common law, and the decis.
ions of our court of appeals on the
subject of removal from Office, but II
has no bearing or force on the ques-
lions here involved, further than 1t
ray throw light on the question as
TO what is malfeasance or misfeas-
ancer or misconduct in office, for as
before stated the legislature now has
full power to prescribe any reason it
may deem proper for the removal OF
a city official. The term "misfeas-
ance" has been well defined to be
''the improper doing of an act which
a person might lawfully do" and
malfeasance, "the doing of an act
which 2 person ought not to do at
all. aud nonfeasance, "the omission
Of an act that person ought to do
20 that misieasance in Office would be
abe improper doing of an act connect.
ed with his Office, or in the discharge
of the duties of his Office which the
official might lawfully do, and NAL
feasance in Office would mean the do
ing of an act, as an official, which the
official ought not to do at all.
II is contended by the counsel for
defendant board of aldermen that the
jaler of a city of the second class
can be removed from office to which
the people have elected him on a
charge of any kind preferred by the
mayor or two members of the board
of aldermen snch as drunkenness, OF
any violation of the law, or for any
vicious or immoral conduct engaged
In by him, Notwithstanding. he may
have. and is constantly and faithful.
~ discharging all the duties of mis- Of
flee and without reference to whether
the acts complained of in any way
pertain to or relate to the diseharga
OF the duties of his Office. After as
careful a consideration of the law in
this case as | am capable of making
| have been unable to reach such 4
conclusion, hut my opinion is that
the board OF aldermen of the city OF
Paducah have no power or jurisdic
tion to try or remove from Office the
plaintiff for the alleged violations Of
law, and the alleged misconduct o.
the plaintiff complained of in tn,
charges made aXplnst him, which. t,
amy mind, nave no connection whatev
err with the management or discharg,
of his duties as jailer.
The people may and perhaps do
often elect man to Office that they
subsequently wish they had not done
A mans conduct or his habits may
be, or may become, such as to render
him odious to the people electine
him; or. as a citizen. he may violate
the law, but | know of no power to
remove him for these reasons, SO
long as he faithfully discharges the
duties of his office and, from thai
standpoint Is faithful to the trus.
they may have confided to him