State v. Glenn’s Empirical Analysis

Citation profile

27 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is sometimes difficult to determine whether a position is an office or a mere employment. Generally speaking, and each case must necessarily depend upon its own facts, a state office embraces the right to exercise a state function or employment, and to take the fees and emoluments belonging thereto. It not only involves the conception of tenure, power, duration, oath, fees and emoluments but also the authority and duty to exercise some part of the sovereign power of the state either in making, administering or executing the laws of the State. * * * Applying these tests to the offices in question, it is apparent that the office of member of the Board of Fish and Game Commissioners (Rev. Code 1915, § 2358), is an office under this state. This office has term, salary and expenses. Bond and oath of office are required (section 2359). The Board has the management of all matters relating to the protection of game and fish. It appoints wardens and other officers, issues licenses for hunting and fishing, and the members have authority to arrest without warrant for all violators of the game and fish laws. Likewise, the office of Collector of State Revenue (Rev. Code 1915, § 275) is an office under this state. The term is four years. The salary is not unsubstantial, and a contingent fund for his expenses is provided. His duty is to investigate statements and returns filed by persons, firms and corporations which furnish a basis for the determination of license fees. The office of S”

   1 later decision quote this exact passage · from the majority
   e.g. Wharton v. Everett

2. “A public office is the right, authority, and duty, created and conferred by law, by which, for a given period, either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some portion of the sovereign functions of government, to be exercised by him for the benefit of the public. The individual so invested is a public officer.”

   1 later decision quote this exact passage · from the majority
   e.g. New Castle County Council v. State

3. ““It has been stated that ‘The oath, the salary or fees are mere incidents and constitute no part of the office.’ Throop Public Officers, Section 3. They may however, be considered in doubtful cases in determining whether a position is an office or a mere employment.””

   1 later decision quote this exact passage · from the majority
   e.g. Wharton v. Everett