Fant v. Gibbs
Mississippi Supreme Court
This proceeding was a mandamus before the Hon. S. S. Calhoon in vacation, on the petition of James T. Fant, elected and commissioned, in 1875, district attorney for the tenth judicial district of Mississippi, to compel W. H. Gibbs, auditor of public accounts, to issue a warrant on the State treasurer for $100 for a month's salary, which the auditor had refused to issue on demand because the petitioner had not been assigned.
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This proceeding was a mandamus before the Hon. S. S. Calhoon in vacation, on the petition of James T. Fant, elected and commissioned, in 1875, district attorney for the tenth judicial district of Mississippi, to compel W. H. Gibbs, auditor of public accounts, to issue a warrant on the State treasurer for $100 for a month's salary, which the auditor had refused to issue on demand because the petitioner had not been assigned. The question raised by the auditor’s demurrer to the petition was the constitutionality of the act of Feb. 1, 1877 (Acts 1877, p. 48), entitled “ An Act to assign district…
1Opinion of the Court
The judges delivered opinions seriatim.
Chalmebs, J.:
The proposition that the legislature cannot, directly or indirectly, remove the incumbent of an office created by the Constitution during a term fixed by that instrument, needs no argument nor elucidation. If not originally self-evident, it has, by a long and unbroken series of decisions, become firmly settled. No one will contend, for instance, that any act of legislation could abridge the term of an incumbent of the gubernatorial office, or of that of the Attorney-General, or Auditor of Public Accounts. No matter what disguise might be…
2Cases cited8 opinions
- Brady v. HoweMississippi Supreme Court · 1874
- State ex rel. Attorney General v. MessmoreWisconsin Supreme Court · 1861
- Hyde v. StateMississippi Supreme Court · 1876
- Newsom v. CockeMississippi Supreme Court · 1870
- Brady v. WestMississippi Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ex parte CorlissNorth Dakota Supreme Court · 1907
- McCully v. StateTennessee Supreme Court · 1899
- Griebel v. State ex rel. NiezerIndiana Supreme Court · 1887
- State v. ThomasSupreme Court of Missouri · 1897
- Price v. AndersonMississippi Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.