State Ex Rel. Camp v. Herzberg

This is a proceeding by quo warranto to test the right of L. L. I-Ierzberg to hold the office of “Chairman of the Board of Commissioners of the City of Gadsden,” created by the act approved Blarch 6, 1931. Gen. Acts 1931, p. 174.

Appellant challenges, first, the eligibility of respondent to hold the office.

The act creating the office declares: “No member of the Commission * * * shall hold any office of profit or trust under the laws of any State of the United States.” Section 13, p. 178, Gen. Acts 1931:

Admittedly, respondent, at the time he was elected, qualified and entered upon the discharge…