Speer v. Wood
Supreme Court of Arkansas
Prohibition to Garland Circuit Court; Scott Wood, t Judge; 1. The circuit court had no jurisdiction to remove petitioner from office; its action was without authority and void. The Act March 9, 1877, is unconstitutional and void. Impeachment and address are the only means for removing State officers. Art. 7, § 27, Const.; 76. Art. 15; 85 Ark. 89; 32 Cyc. 689; Throop on Pub. Officers, par. 341-3, 392; 3 Mete. (Ky.), 237; 11 La.
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Prohibition to Garland Circuit Court; Scott Wood, t Judge; 1. The circuit court had no jurisdiction to remove petitioner from office; its action was without authority and void. The Act March 9, 1877, is unconstitutional and void. Impeachment and address are the only means for removing State officers. Art. 7, § 27, Const.; 76. Art. 15; 85 Ark. 89; 32 Cyc. 689; Throop on Pub. Officers, par. 341-3, 392; 3 Mete. (Ky.), 237; 11 La. Ann. 437; 6 Bush, (Ky.) 1; 79 Ky. 42; Cooley Const. Lim. (7 Ed.) 99; 29 Cyc. 1414; Wharton on Cr. Law, Vol. 3 (11 Ed.), 2088; Mechem on Public Officers, par. 475; 3…
1Opinion of the CourtMcCulloch, C. J.
The petitioner, G. EL Speer, is •prosecuting attorney in and for the Eighteenth Judicial Circuit, and is under indictment returned by the grand jury of Garland county charging him with criminal misconduct. The circuit court is about to enter an order suspending the petitioner from office during the pendency of the indictment, and a writ of prohibition is sought to restrain the court from entering the order. The power to suspend petitioner from the office of prosecuting attorney is asserted under the terms of a statute approved March 1, 1917, amending sec. 7992 of Kirby’s Digest, which before…
2Cases cited6 opinions
- Griffin v. RhotonSupreme Court of Arkansas · 1907
- Lowe v. CommonwealthCourt of Appeals of Kentucky · 1860
- State ex rel. Holmes v. WiltzSupreme Court of Louisiana · 1856
- Commonwealth v. WilliamsCourt of Appeals of Kentucky · 1880
- State v. DunsonSupreme Court of Louisiana · 1915
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3Cited by14 opinions
- Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
- State Ex Inf. McKittrick v. WymoreSupreme Court of Missouri · 1938
- Weems v. AndersonSupreme Court of Arkansas · 1974
- Hays v. McDanielSupreme Court of Arkansas · 1917
- Leonard v. LutherSupreme Court of Arkansas · 1932
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