Legal Opinion

Honey v. Graham

Texas Supreme Court

Decided July 1, 1873PublishedCited by 17 opinions

Appeal from Travis. Tried below before the Hon. J. W. Oliver. On the thirtieth day of April, A. D. 1870, George W. Honey gave his bond and was duly qualified and commissioned as Treasurer of the State of Texas. He continued to discharge in person the duties of the office until the twenty-third of April, 1872, when with his family he left the State, saying to several persons that he would be gone six weeks. He left his chief clerk, Burns, in possession of the office.

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Appeal from Travis. Tried below before the Hon. J. W. Oliver. On the thirtieth day of April, A. D. 1870, George W. Honey gave his bond and was duly qualified and commissioned as Treasurer of the State of Texas. He continued to discharge in person the duties of the office until the twenty-third of April, 1872, when with his family he left the State, saying to several persons that he would be gone six weeks. He left his chief clerk, Burns, in possession of the office. Soon after Honey’s departure the Governor notified Burns that he must execute a bond for the faithful administration of the…

1Opinion of the CourtWalker, J.

A majority of the court have arrived at ', an opinion in this case which I am authorized to express.. To this, however, may be added by my brother Me Ado o his own reasons for the opinion.

The 1st Section of the 4th Article of the Constitution creates the office of State Treasurer, and makes it a branch or subordinate department to the executive, oven which the Governor is chief. The 7th Section of the same article implies an authority in the Governor over *10the- different branches of the executive department. He is authorized at any time to require information in writing from any of the chiefs…

2Cases cited4 opinions

  1. Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
  2. Speed v. CrawfordCourt of Appeals of Kentucky · 1860
  3. Keenan v. PerryTexas Supreme Court · 1859
  4. Brown v. GroverCourt of Appeals of Kentucky · 1869

3Cited by17 opinions

  1. Biggs v. McBrideOregon Supreme Court · 1889
  2. State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
  3. Denison v. StateCourt of Appeals of Texas · 1933
  4. Adie v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1939
  5. State ex rel. Hastings v. SmithNebraska Supreme Court · 1892

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