Arizona republican., 1921-08-30
Office and EmpIoymen.

Office and Employmen,
 Some of our Democratic friends have allowed themselves to get excited over the employment of two persons in the capitol building who are not lneal descendants of prehistoric tribesmen who inhabited Arizona. and who cannot connect themselves with any the day Indian tribes.
 One of these persons is bookkeeper in the office of the superintendent of public instruction and the other occupies position in the office of the in relation to the budget We believe he is called for convenience a budget budgetary tary. The first of these two understand be citizen of Indiana and the other of Illinois.
 Our Democratic friends appear to be all wrought up "ar het up' what they conceive to be assault organic law, attempt to undermine the foundations of the state in short. violation of the following provision of the consti tuition:
 Every person elected or appointed to any office of trust profit under the authority of the state any political division or municipality thereof, shall be qualified elector the political division munci pality in which the said person shall be elected appointed
 Now. being lawyer do not know about this. but pervaded by the spirit of inquiry. What is office? Are these late residents of Indi- and Illinois occupying offices? If not there lot of unnecessary perturbation nothing.
 Occupants of offices. we understand, discharge certain duties under the direct authority of law. These duties executive.s ministerial. judicial municipal. clerical though clerical work is employed in the discharge of the duties. So extent is the work assisted by janitors window cleaners and those who up and take down stoves who keep heating lighting machinery in repair But these clerks and artisans are officers how ever useful and necessary the they exercise
 deputy or assistant. though, is an officer because in the absence his principal represents him and discharges his duties and signs his when signature is required. We arc sure but we suspect that these excited persons have confused employment" with office" The latter is distin- suished from the former in that it embraces the elements of tenure and duration.
 We are accustomed loosely to speak of all public positions as offices and those fortunate enough places the pie counter, as officers where offices few compared with the whole number of people in way appurtenan public offices.
 We speak loosely even of members of the legis- lature of congress officers. when they nothing of the n strict sense, they are not in office.
 The constitution and the statutes designate various offices statutes provisions certain positions which no offices though they may be positions trust and profit" For some positions the statutes make very broad provisions. They allow maxirnum number of clerks for instance. various offices. boards and com missions and limit the that shall be paid them. They also provide contingent funds conduct of these offices and boards which may be expended services of and aborers who do thereby officers fall within the inhibition against the importation of aliens to fill official positions.
 We do not think bookkeeper in the office of the superintendent of public instruction would be regarded as an officer. We think she has been placed under the obligations of oath such bind all officers. Nor do believe the gentleman said to be late of Illinois bound himself stack of Bibles as high church to support the dignity and laws of Arizona and the United States and to defend both them against all their enemies what soever His duties understand, wholly clerical and highly expert
 We do not expect desire that the foregoing should regarded legal opinion in final settle ment of whatever controversy. threatening, that may arise. Though think right, still leave the way open adjudication by the courts