Law of the United States
In his 1910 book, "The Constitutional Law of the United States", Westel W. Willoughby noted that the court's ruling that an elective office was not property was at odds with previous decisions in which it had assumed jurisdiction in cases between two contestants for an office to determine if due process was granted. By assuming jurisdiction in these cases, Willoughby claimed, the court had given elective offices standing as property. Accordingly, Justice Joseph McKenna issued a separate concurring opinion in which he stated: "I agree fully with those decisions which are referred to [in the majority opinion], and which hold that as between the State and the office holder there is no contract right either to the term of office or to the amount of salary, and that the legislature may, if not restrained by constitutional provisions, abolish the office or reduce the salary. But when the office is not disturbed, when the salary is not changed, and when, under the Constitution of the State, neither can be by the legislature, and the question is simply whether one shall be deprived of that office and its salary, and both given to another, a different question is presented, and in such a case to hold that the incumbent has no property in the office, with its accompanying salary, does not commend itself to my judgment."