Collins v. Tracy

Citations

• 36 Tex. 546

Syllabus

<p>1. State Constitutions are made with reference to existing laws, and do not further abrogate or change such laws than in respect of inconsistent provisions.</p> <p>2. The Constitution of 1869 being silent respecting the office of county treasurer, it is obvious that the antecedent laws providing for that office, and prescribing its duties, are still in force so far as they have not been changed by subsequent legislation.</p> <p>3. The act of June 28th, 1870 (General Laws, 17), empowered the Governor to appoint county treasurers, who should hold their offices “ until the “ next general election in this State, or until otherwise provided by law.” Meld, that an appointee under this provision acquired a vested right to the office, and was not removable by the Governor’s subsequent appointment of a different person.</p> <p>4. The power of removal from office is incident to the power of appointment in those cases only where the tenure is not fixed by law, and where the office is held at the pleasure of the appointing power.</p>