27 Colo. 235 | Colo. | 1900
delivered the opinion of the court.
This case was originally brought in the district court of Arapahoe county; and from a judgment in favor of appellee, an appeal was taken to the court of appeals, where the judgment was affirmed. Monash v. Rhodes, 11 Colo. App. 404. A concise statement of the facts of the case will be found in
“ An analysis of the constitutional provision, however, shows that the officers therein referred to are, first, those whose offices are established by the constitution; second, those whose offices are created by law, the appointment or election to which is not otherwise provided for. The relator’s office does not fall under either class mentioned, for while it is true that his office was created by law, his appointment is also provided for by statute. * * * The office being one of statutory creation, the manner of filling it, and the mode of removal and filling of vacancies being also provided by statute, the case falls clearly outside of those offices to which the constitutional provision relates.” ^
The construction to be given to this constitutional pro
Affirmed.