Rice v. Palmer
Supreme Court of Arkansas
Appeal from Lincoln Circuit . Court; Antonio B. Grace, Judge; R. R. Rice brought suit, under the usurpation statute (Kirby’s Digest, c. 155), against Henry D. Palmer to recover possession-of the office of circuit clerk of Lincoln County.
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Appeal from Lincoln Circuit . Court; Antonio B. Grace, Judge; R. R. Rice brought suit, under the usurpation statute (Kirby’s Digest, c. 155), against Henry D. Palmer to recover possession-of the office of circuit clerk of Lincoln County. The cause was tried before the circuit judge sitting as a jury, and these findings of facts were made, towit: “That the plaintiff is a citizen of Lincoln County, Arkansas, and was on the 31st of October, 1904, eligible to the office of clerk of the circuit court of that county. That at the general election held in that county in September, 1902, the…
1Opinion of the CourtHill, C. J.
This is a contest over the office of circuit clerk of Lincoln County, and calls for a decision as to whether Amendment No. 3, authorizing the Governor to fill vacancies by appointment, was legally adopted as part of the Constitution. Rice holds under an appointment made by the Governor; and against his claim to the office thereunder Palmer asserts, first, that Amendment No. 3 was not legally adopted, and, second, that there was no vacancy in the office, within the meaning of the law. The view the court takes of the first question renders unnecessary a decision of the second.
The clause of the…
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