Walther v. Rabolt
California Supreme Court
Appeal from the County Court, Eleventh Judicial District, Amador County. At the general election held on the 6th day of September, 1865, the defendant was elected Treasurer of the County of Amador for the term of two years, to commence on the first Monday of March, 1866. He afterwards took and subscribed the oath of office, and gave the bond required by law.
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Appeal from the County Court, Eleventh Judicial District, Amador County. At the general election held on the 6th day of September, 1865, the defendant was elected Treasurer of the County of Amador for the term of two years, to commence on the first Monday of March, 1866. He afterwards took and subscribed the oath of office, and gave the bond required by law. The plaintiff, who was a qualified elector, on the 9th day of December, 1865, filed in the office of the County Clerk of said county a statement, contesting the right of the defendant to hold the office, on the ground that he was an…
1Opinion of the Court
By the Court, Sawyer, J.:
The evidence is sufficient to justify the finding that the defendant is an alien. (Jackson v. Wright, 4 John.,79.)
The only other question is, whether an alien is eligible to the office of County Treasurer. It may be said, generally,that the right to vote and of eligibility to office, are political, and in some sense correlative rights. At common law an alien had no recognized political rights. He was permitted to enjoy certain civil rights, but even these were hedged in by many restrictions and limitations. The English common and statutory law was very chary of…
2Cases cited2 opinions
- Searcy v. GrowCalifornia Supreme Court · 1860
- Borst v. BeeckerNew York Supreme Court · 1810
3Cited by4 opinions
- Bowring v. DominguezCalifornia Supreme Court · 1935
- People v. VelasquezCalifornia Court of Appeal · 1924
- Husar v. United StatesCourt of Appeals for the Ninth Circuit · 1928
- Bowring v. DominguezCalifornia Supreme Court · 1935