Office

A right to exercise a public function or employment, and to take the fees and emoluments belonging to it.

Shelf. Mortm. 797; Cruise, Dig. Index; Com. v. Sutherland, 3 S. & R. (Pa.) 149.

An office is a public charge or employment; TJ. S. v. Maurice, 2 Brock. 102, Fed. Cas. No. 15,747, per Marshall, C. J. An office may exist without an Incumbent; Feople v. Stratton, 28 Cal. 382. An office is a legal entity and may exist in fact although it be without an incumbent; Childs v. State, 4 Okl. Cr. 474, 113 Pae. 545, 33 L. R. A. (N. S.) 563. Compensation is no part of an office; it is merely incident thereto; id. Judicial offices are those which relate to the administration of justice, and which should be exercised by persons of sufficient skill and experience in the duties which appertain to them. Military offices are such as are held by soldiers and sailors for military purposes. Ministerial offices are those which give the officer no discretion as to the matter to be done, and require him to obey the mandates of a superior.

Vose v. Deane, 7 Mass. 280. See Savacool v. Boughton, 5 Wend. (N. Y.) 170, 21 An*. Dec. 181; Waldo v. Wallace, 12 Ind. 569.

It is a general rule that a judicial office cannot be exercised by deputy, while a Political offices are such as are not connected immediately with the administration of justice or the execution of the mandates of a superior officer: the offices of the president of the United States, of the heads of departments, of the members of the legislature, are of this number. In the United States, all offices, according to the above definition, are public; but in another sense employments of a private nature are also called offices: for example, the office of president of a bank, the office of director of a corporation. Subject to constitutional provisions or prohibitions the authority of the legislature over public offices is complete and absolute; Lee v. Board of Com’rs, 3 Wyo. 52, 31 Pac. 1045. Where the appointment or election is made for a definite term or during good behavior and the removal is to be for cause, it is said that the power of removal cannot, except by clear statutory authority, be exercised without notice and hearing; but that the existence of the cause for which the power is to be exercised must first be determined after notice has been given to the officer of the charges made against him, and he has been given an opportunity to be heard; Mechem, Pub. Officers, § 454; Coleman v. Glenn, 103 Ga. 458, 30 S. E. 297, 68 Am. St. Rep. 108; Dul lam v. Willson, 53 Mich. 392, 19 N. W. 112, 51 Am. Rep. 128. But, where the statute gives such authority, officers may be removed without notice; Trainor v. Board of Auditors, 89 Mich. 162, 50 N. W. 809, 15 L. R. A. 95; Trimble v. People, 19 Colo. 187, 34 Pac. 981, 41 Am. St. Rep. 230; People v. Whitlock, 92 N. Y. 191; State v. Mc Garry, 21 Wis. 496; State v. Cheetliam, 19 Wash. 330, 53 Pac. 349. The prevailing rule is that title to a public office will not be tried by mandamus; State v. Callahan, 4 N. D. 481, 61 N. W. 1025; People v. Infant Asylum, 122 N. Y. 190, 25 N. E. 241, 10 L. R. A. 381; State v. John, 81 Mo. 13; Hartwig v. Manistee, 134 Mich. 615, 96 N. W. 1067; Gorley v. Louisville, 104 Ky. 372, 47 S. W. 203; Hagan v. Brooklyn, 126 N. Y. 643, 27 N. E. 265; but contra, Keough v. Board of Aldermen, 156 Mass. 403, 31 N. E. 387; Eastman v. Householder, 54 Kan. 63, 37 Pac. 9S9; Harwood v. Marshall, 9 Md. 83. Where the writ is invoked to enforce a specific duty and remedies at law are not adequate, aid will not be refused merely because occupancy or incumbency or title is incidently involved. The court will act under such circumstances as does equity and inquire into and determine rights so far as, but no further than, may be necessary to the relief sought; Morton v. Broderick, 118 Cal. 474, 50 Pac. 644. For the incompatibility of office, see Incompatibility; Officer. See 3 Kent 362; Mandamus; Quo Wab- For word “office” as used of a place for transacting public business, see Com. v. White, 0 Cusli. (Mass.) 181.

See Rank.