102 Iowa 639 | Iowa | 1897
II. It may be profitable, in determining the question before us, to refer to some definitions given by courts and.text writers as to what in law constitutes a public officer or a public office. “The idea of an officer clearly embraces the idea of tenure, duration, fees, or emoluments, rights and powers, as well as that of duty; a public station or employment confirmed by appointment of government.” Burrill, Law Diet. tit. “Office.” “A post, the possession of which imposes certain duties upon the possessor, and confers authority for their performance.” Century Diet. “A.posi-' tion or appointment entailing certain rights and duties.” Cochran, Law Lexicon. “A right to exercise
It is said that, even though there was no authority originally in the commission to create the office of treasurer, still the above provision was a recognition of the fact that there was such an office. We cannot so consider it. Here we have a position created without authority of the legislature, which alone could authorize its creation. The lawmaking power never prescribed any duties, nor authorized any one else to prescribe them, for such an officer. No part of the sovereign functions of government was ever delegated by the legislature to the individual who might fill such place, and none of the usual requisites of an office were provided for by the legislature. But the controlling facts are that this treasurer was a creation of the commission, without authority of law, and presumably for their own convenience, and at all times subject absolutely to their control. They not only created the office, but they fixed its tenure, and the compensation to be paid the occupant. They might allow him to act, -as they did, without taking an oath of office; and, being a creation of their own, they could require him to give bonds, or not, as they pleased. Having created the place and . appointed the incumbent, they could at any time dispense with his services, and abolish the so-called office. Such a one is not a public officer. Judge Cooley in People v. Langdon, 40