The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1908-05-21

relinquish the Office.
4. A resignation of public Office pro-
cured by coercion and duress is void
able and may be repudiated; and q
refusal Immediately subsequent to the
resignation to surrender the Office is
sufficient reputation.
OPINION. '..
Proceedings in quo warranto insti-
tuted in this court on the information
of the attorney general to determine
the right of respondents to hold and
exercise the Offices Of chairman, clerk
and treasurer of school district No. II
in Mile Laos county. Evidence was
taken before referee appointed for
the purpose, and upon his report and
the pleadings the controversy was
submitted for determination. The
Offices of clerk and treasurer only are
in dispute. It is conceded that Gilbert
Wilkes is the qualified and acting
chairman OF the board; respondent
Sandberg, - who, the information
alleges, claimed to be the chairman,
now makes no claim to the Office. We
have for determination, then, ~,
whether respondent laden is the
duly qualified clerk, and, ~, whether
respondent Brant is the duly qualified
treasurer of the district.
l. Laden was elected to the office
of clerk at the annual election in 1904
for the term of three years, and he
duly qualified and entered upon the
discharge of the duties of the Office.
His term expired in July, 1907, at
which time, at the annual school
election of that year, Charles L. Freer
was elected his successor. There is
no controversy about these facts.
The only question as between laden
and Freer is whether the latter ever
properly qualified subsequent to his
election; if he did, his right to the
Office is conceded. So the sole ques-
ton is whether Freer did so qualify.
The evidence upon this question is
somewhat conflicting, but full con-
sideration thereof leads to the con-
clusion that he did soon after his elec-
tion duly qualify as clerk in the
manner prescribed by law. He testi-
fed that he took and subscribed the
oath of Office required by statute and
filed the same with laden, who was
then clerk. That he took the oath is
corroborated by the justice of the
peace before whom it was taken, and
while laden denies that it was ever
filed with him, we conclude that he is
mistaken and that it was properly
filed in his Office. In reaching this
conclusion, we do not consider the
declaration of Freer to the effect that
he had filed his oath of Office or was
about to-, which respondent insists
was incompetent evidence.
The oath of Office so taken and filed
was in the form prescribed by the
state superintendent of public instruc-
ton, as follows:
"Form of oath to be administered
to school district off GERS upon qualify
ing ' -
II do solemn]y swear that I will
support the constitution of the United
States, the constitution of the state of
Minnesota, and faithfully discharge
the duties of my Office to the best of
my Judgment and ability. So help me
Chas. L. Freer.
Subscribed and sworn to before me
the 22nd day of July, 1907.
T. E. Potts,
Justice of the Peace"
1t is insisted that this oath was
wholly insufficient and Intellectual as
a qualification of Freer because it did
not name the Office the duties of which
he swore faithfully to perform. The
objection is not we'll taken. The oath
is in the language prescribed by
statute and the constitution (Sec. 8,
Art. 5 of the Constitution; Sec. 2677,
r. L. 19O5), and was taken and filed
with reference to the Office of clerk to
which he had been elected and under
which he asserts the right to assume
the duties thereof. Though the Office
might we'll have been designated, it is
clear that it obligated Freer faithfully
to discharge the duties of clerk, with
reference to which it was taken, and
for a violation thereof he would not
be heard to say that he was not bound
by the oath, because the particular
office was not expressly mentioned.
2. Respondent Brant was duly
elected treasurer of the district at the
annual election in 1905, and he duly
qualified and has since continued in
the discharge of the duties of the
Office. His term expires in July of the
present year. It is claimed by the
relator that he resigned his Office in
1907 ool that