Magee v. Brister

Citations

• 109 Miss. 183
• 68 So. 77

Syllabus

<p>1. Officers. Constitutionally established office. Power of tegislature. Depositories. County depositories. Constitutionality. Statute.</p> <p>While the legislature may within certain limits prescribe the duties pertaining to an office created. by the constitutions, it cannot practically abolish' the office by preventing its incumbent from discharging those duties which necessarily pertain to it.</p> <p>2. County Depositories. Statute. Constitutionality.</p> <p>Chapter 137, Laws 1910, providing for the establishment of county and drainage district depositories, and that county treasurers shall deposit county moneys therewith, is not unconstitutional, as practically abolishing the office of county treasurer, established by Constitution 1890, section 135, or as violating section 267, providing that no person elected or appointed to any office under the laws of the state shall hold such office without devoting his time to the performance of its duties.</p> <p>3. Same.</p> <p>Nor is such statute invalid as rendering county treasurers absolute insurers of'county moneys, when all control over them is vested in the depositories, since the depository law has altered the responsibility of such treasurers, so that they cannot be held as insurers of the safety of the funds.</p> <p>4. Same.</p> <p>Nor is the statute invalid, as subjecting county treasurers to liabilities' growing out of the receipt and disbursement of county-funds, since the act has largely modified the duties of county treasurers, as prescribed by sections 978 and 983 of the Code 1906, regulating the duties of such officers, leaving such officers as have complied with its provisions under no liabilities' growing out of such receipts and disbursements.</p>