The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1908-05-28
DECISION IN KRICKBAUM CASE
TContinued from 5th Page.1

Odtu Ol OulCe, JuSIlCS hOSeTS Sdiu
Up. 140) "The rule which governs
the case Is, that the commissioners
who appointed the treasurer were
officers de facto, since they came into
Office by color Of title. It is well
settled principle of law that the acts
of such persons are valid when they
concern the public or the rights OF
third persons who have ar interest
in the act done: 7 JOINS. Rep. 554
The People v. Collins, Andrews Rep.
263; King V. Lysle. And this rule
has been adopted to prevent fall
ure of justice. That the county
commissioners, who appointed the
treasurer, were officers de facto Is
certain, as they possessed every quail
fication of officers de jure, except in
the one particular that they had
omitted taking the oath prescribed by
the constitution. They had at least
color of title. 1t is equally clear the
suit was not brought for their individ.
ual benefit, but for the use of the
public"
"In State v. Oates, sc Wis. GA,
we find this statement: within
the rule that de facto officer is one
who is in possession of an office and
dischargng its duties under color of
authority, by color of authority is
meant authority derived from an elec
ton or appointment, however irregv.
lar or informal, so that the incumbent
be not a mere volunteer"
''In the present case Hess was dulJ
and properly appointed as judge Of
election at the preceding election,
and both he and the other officers as.
sumed that the appointment was
good for the remainder of the year,
and under this assumption he claimed
and was awarded by the other elec.
ton officers the right to act as judge
at the election. 1t was mistake,
but the claim and its allowance were
enought to give him color of right 10
the Office and to prevent him from
being considered as mere usurper.
Certainly the rights of the voters
should not be prejudiced by any such
irregularity as this. ut may be said
that color of right which constitutes
one an officer de facto may consist in
an election or appointment, or in
holding over after the expiration OF
ones term" Hamlin v. Kasafer, Is
Ore. 456.
THE effect to be given 10 such ir-
regularities is discussed in People v.
Brwett, 124 CAL where 1t was said
Opp. 12-13): The court below found
that persons who served as officers
OF the election were not sworn as re-
luired by law, and the appellants cite
chose provisions of the Political and
Penal Codes making it felony to
act as an election officer without hav-
ing been appointed and qualified as
such. But these provisions, while
imposing penalties upon the person
who so acts, do not declare the elec-
ton void for that cause. But this
has been directly decided in Whipley
v. McKune, 12 Cal. 352 (and in other
cases cited). The principle under
Tying those decision is that the rights
Of the voters should not be prejudiced
by the errors or wrongful acts of the
officers of the election, unless it shall
appear that fair election and an
honest count were thereby prevent.
ed."
And the general principle govern.
ng such condition as is here pre-
sented Is thus summed up in 15 Cyc.
court to sustain an election author
'zed by law If 1t has been so conduct
ID as to give free and fair expression
# the popular will, and the actual
-esult thereof is clearly ascertained;
or elections should never be held
old unless they are clearly illegal.
n the absence of fraud, mere irregu.
.arities in the conduct Of an election,
where 1t does not appear that the
vote was effected either by the re-
ection of legal votes or the recep-
ion of illegal ones, will not justify
he rejection of the whole vote OF
he precinct, although the circum.
ftances may be such as to subject
The officers to punishment"
And in Wheelock's Election, S2 Pa.
297, in an opinion approved by this
ourt, it was said "When the ap-
'lication of technical rules and a
strict construction of the acts of off,
GERS in preparing the election papers
and conducting an election, would
end to defeat the will of the people
and chanpa fba racte1t of IN ,alantiop