People ex rel. Rynerson v. Kelsey

Citations

• 34 Cal. 470

Syllabus

<p>Certificate of Election to ex officio Office.—It is not essential to the right of entry on the discharge of the duties of an ex officio office, that the incumbent should receive a separate certificate of election thereto, or take therefor a separate oath of office, when not specially so required by the Act creating or regulating such office.</p> <p>Constitutional Power of Legislature.—The Legislature has the constitutional power by enactment to divest an officer of an ex officio office to which he had been elected and duly qualified, by a repeal of the law under which he became invested therewith, provided, where such office be created under the Constitution, such repeal does not in effect abolish such office.</p> <p>Idem.—In such case, however, this power does not extend to the transfer of an ex officio office which, under the Constitution, is required to be filled by election, to the incumbent of another office who has not been elected to such ex officio office.</p> <p>Idem.—The clause, to wit: “Assessors and Collectors of town, county, and State taxes shall be elected by the qualified electors of the district, county or town in which the property taxed for State, county or town purposes is situated,” contained in section thirteen of Article XI of the Constitution, is imperative and mandatory, and restricts the power of the Legislature to a particular mode of providing such Assessors and Collectors in the first instance, subject to such mode of filling vacancies which may be occasioned by the death, resignation, or other legal disability of the incumbent as the Constitution has, and statute law may provide.</p> <p>Idem.—The Legislature may by law devolve the office and duties of Tax Collector upon the incumbent of any other elective office, but such law must precede the election of such officer, and his election must be by the qualified electors of the Tax Collector's District.</p> <p>Idem—Act of April 2d, 1866, respecting Office of Tax Collector of San Joaquin