Reports of Cases Argued And Determined in the Supreme Court of the State of Arkansas, At ..., in Law And Equity
Reports of Cases Argued And Determined in the Supreme Court of the State of Arkansas, At ..., in Law And Equity
Arkansas. Supreme Court
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Execatire can aDDQl Legislative elections, when the person elected is ineligible, by refasing to commisBioD: or that the judiciary coald do the same by a judgment of ouster on a quo warranto? It is hardly necesBary to refer to adjudicated cases to support a principle w|iicb plants so fixed a foot on the broad platibnn of coin- moB sense and political science. But it may be allowed to glance briefly at one or two. in Marbuftf vs. Madiion^ the highest tribunal in the land decided, that to withhol...d a commission from a person entitled to it is an act not warranted by law: that the right to offices of trust, of honor, or of pvifit, is a vested legal right, entitled to the protection of the laws, and that m every cage of the violation of a vested legal right, the law of the land afibrds a remedy to the injured individual. In Gould vi. HtUchinsj 1 Fairfieldj. 145 j the Supreme Court of Maine directly annulled an act of the Governor, by which he dis- banded a militia company under authority conferred by statute, on the ground that the facts furnished no sufficient basis for his action.
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