People ex rel. Attorney General v. Hill
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. This was an information, in the nature of a quo warranto, against the defendant, for usurping the office of captain of police of the city and county of San Francisco.
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Appeal from the District Court of the Twelfth Judicial District. This was an information, in the nature of a quo warranto, against the defendant, for usurping the office of captain of police of the city and county of San Francisco. The bill sets forth, that R. B. Monks was appointed captain of police, July, 1, 1856, by the unanimous vote of the president of the board of supervisors, the police judge, and the chief of police, of the city and county of San Francisco, and received a due certificate of his appointment, signed by those officers; that James McElroy, the chief of police, became so…
1Opinion of the CourtMurray, C. J.
Two propositions are involved in this case : First, the authority of the appointing power to remove an officer, when the term of the office is not fixed by law; and, Second, the constitutionality of the act consolidating the city and county governments of San Francisco.
The Constitution of this State, section 7, Article XI., provides, “ when the duration of any office is not provided for by this Constitution, it may be declared by law, and if not so declared, it shall be held during the pleasure of the authority making the appointment; nor shall the duration of any office, not fixed by this…
2Cited by26 opinions
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- Patton v. Board of Health Etc.California Supreme Court · 1899
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