People ex rel. Attorney General v. Turner

Citations

• 20 Cal. 142

Syllabus

<p>A eeksoií who, at the time of his election as District Judge of this State, held and discharged the duties of the office of Inspector of the Customs of the United States, at a salary of three dollars and seventy-five cents per day, payable monthly, under and by virtue of an appointment by the Collector of the Port of San Francisco—which appointment was never approved by the Secretary of the Treasury—was not ineligible to the office to which he was elected by force of the twenty-first section of the fourth article of the Constitution of this State.</p> <p>Under the Constitution and laws of the United States, an appointment by the Collector of an Inspector of a port within his district requires for its validity the approval of the head of the Treasury Department, and until the appointment has been so approved, the appointee is not an officer of the United States Government within the meaning of the prohibitory provisions of the State Constitution.</p>