Cole v. Territory of Arizona ex rel. Wilson
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Third Judicial District in and for the County of Maricopa. A. C. Baker, Judge. Statement of facts:— The suit was filed on date of June 18, 1896. The defendant interposed a demurrer to the complaint.
Read the full summary
APPEAL from a judgment of the District Court of the Third Judicial District in and for the County of Maricopa. A. C. Baker, Judge. Statement of facts:— The suit was filed on date of June 18, 1896. The defendant interposed a demurrer to the complaint. First, generally; and, second, demurring to the complaint on the ground that the complaint does not show that at the time of the appointment of Thomas E. Farish to the office described in the complaint there was a vacancy in said office; third, that no facts are stated showing the authority of the governor of the territory to appoint said Farish…
1Opinion of the CourtHawkins, J.
(after stating the facts).—The only question in this case is, Had the governor the power of removal? We think he had. Paragraph 2978 of the Revised Statutes of 1887, providing for the office of territorial treasurer, and for the commissioning of the incumbent, fails to fix the tenure. And paragraph 3049 of the Revised Statutes provides that every officer whose term is not fixed by law holds at the pleasure of the appointing power. This was the statutory regulation pertaining to this office when Cole took the appointment, and is decisive of the question. Nothing in the Organic Act for this…
2Cases cited12 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- McAllister v. United StatesSupreme Court of the United States · 1891
- Trimble v. People ex rel. PhelpsSupreme Court of Colorado · 1893
- Cameron, Superintendent v. ParkerSupreme Court of Oklahoma · 1894
- Sprague v. BrownWisconsin Supreme Court · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State ex rel. Jones v. IngallsArizona Supreme Court · 1920
- Hofmann v. FrohmillerArizona Supreme Court · 1935