People ex rel. Sweet v. Ward

Citations

• 107 Cal. 236
• 40 P. 538
• 1895 Cal. LEXIS 740

Syllabus

<p>County Office—Vacancy—Death of District Attorney Elected After Qualification. —Where a district attorney has been elected to succeed a prior incumbent, and has died after qualification, and before the expiration of the term of the prior incumbent, a vacancy arises in the office by reason of the election, qualification, and death of the successor, which exists upon the expiration of the term of the prior incumbent, when the newly elected officer would have entered upon his duties as successor, if he had lived, and not before.</p> <p>Id.—Power of Supervisors —Anticipation of Future Vacancy—Right of Subsequent Appointment.—The board of supervisors cannot, by its action, either create a vacancy, nor by anticipation fill one which is to arise in future during the term of a newly elected board of supervisors, and the appointment of a district attorney by an outgoing hoard of supervisors to fill a vacancy in the office of district attorney before such vacancy arises is in excess of its power and void; and such vacancy is properly filled by a succeeding hoard of supervisors by another appointment made after the vacancy has arisen.</p> <p>Id.—Appointing Power—Forestalling Rights of Successors—Expiration of Power.—The appointing power cannot forestall the rights and prerogatives of their own successors by appointing successors to offices expiring after their power to appoint has itself expired.</p>