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…
1ConcurrenceHart, J.
It seems to me that the opinion of the majority misapplies a well known and salutary rule of construction;, and for this reason I feel impelled to express my views on the question. The divergence of our views in applying a cardinal rule of construction will doubtless call to mind the motto of Mr. Sedgwick, “Great is the mystery of judicial construction.” Article 15 of our Constitution provides for the impeachment of certain officers, and the procedure thereof. Sec. 1 reads as follows:
“The governor and all State officers, judges of the Supreme and circuit courts, chancellors and prosecuting…
2Cases cited6 opinions
- State ex rel. Clapp v. PetersonSupreme Court of Minnesota · 1892
- J.G. Griner v. B.C. Thomas, District JudgeTexas Supreme Court · 1907
- Allen v. StateSupreme Court of Arkansas · 1877
- Haskins v. StateSupreme Court of Arkansas · 1886
- State v. WhitlockSupreme Court of Arkansas · 1883
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