Page images
PDF
EPUB

Steele, 43 N. ¥. 52, 3 Am. Rep. 660; People it any implied condition or agreement that v. O'Neil, 109 N. Y. 251, 16 N. E. 68; People the property so granted shall be forever ex rel. Ryan v. Green, 58 N. Y. 295. thereafter exempted from taxation. There

The entire statute is valid. There is no can be no such exemption unless it is exarbitrary line which separates the official pressly “so nominated in the bond.” functions which properly belong to local People ex rel. Manhattan F. Ins. Co. v. officers from those which properly belong to Tax & A. Comrs. 76 N. Y. 64; People ex rel. state officers. The power to make the dis- New York Elev. R. Co. v. Tax & A. Comrs. tinction is vested, in the first instance, in 82 N. Y. 459; People ex rel. Westchester the legislature, subject to cautious review F. Ins. Co. v. Davenport, 91 N. Y. 574; by the court.

Delaware Railroad Tax, 18 Wall. 206, 21 If an act is in form in apparent conflict L. ed. 888; Memphis Gaslight Co. v. Taxing with the letter of the Constitution, but yet | Dist. 109 U. S. 398, 27 L. ed. 976, 3 Sup. in harmony with its intention and purpose, Ct. Rep. 205; New Orleans City & Lake R. the courts will sustain it.

Co. v. New Orleans, 143 U. S. 192, 36 L. ed. Re New York Dist. R. Co. 42 Hun, 621, 121, 12 Sup. Ct. Rep. 406; Ford v. Delta & Affirmed in 107 N. Y. 42, 14 N. E. 187; P. Land Co. 164 U. S. 662, 41 L. ed. 590, People es rel. Everson v. Lorillard, 135 17 Sup. Ct. Rep. 230. N. Y. 285, 31 N. E. 1011.

Mr. Charles F. Brown, for respondent The action of the legislature must be Metropolitan Street Railway Company: deemed a practical construction of the Con- The plain intention of § 2, art. 10, of the stitution.

Constitution was to preserve to localities Rathbone v. Wirth, 150 N. Y. 459, 34 the control of the official functions of which L. R. A. 408, 45 N. E. 15.

they were then possessed. The courts have sustained many similar People v. Raymond, 37 N. Y. 428; People statutes.

ex rel. Williamson v. McKinney, 52 N. Y. People ex rel. McLean v. Flagg, 46 N. Y. | 374; People ex rel. Bolton v. Albertson, 55 401; Fire Department v. Atlas 8. $. Co. N. Y. 50; Re Brenner, 170 N. Y. 185, 63 106 N. Y. 577, 13 N. E. 329; Greaton v. N. E. 133; Re Allison, 172 N. Y. 421, 65 Griffin, 4 Abb. Pr. N. S. 310; Hanlon v. N. E. 263. Westchester County, 57 Barb. 383; Syracuse The legislature must do nothing respectv. Hubbard, 64 App. Div. 587, 72 N. Y. ing them which will render them less suitSupp. 802.

able for the purpose for which they are It is in the power of the legislature to recognized and employed by the Constitucreate a new office to be filled by a state tion. officer, and to transfer the power of valuing People ex rel. Wood v. Draper, 15 N. Y. property to it, even though this power has, 532; People v. Raymond, 37 N. Y. 428. since before 1777, been exercised by local The assessment of property has always

been the function of a local officer. Re Allison, 172 N. Y. 421, 65 N. E. 263; 1 Dowell, History of Taxation, 70, 74; People v. Raymond, 37 N. Y. 431.

1 Stubb, Const. Hist. Eng. 3d ed. chaps. 12, The subject of assessment and taxation 14, 15; Howard's Local Constitutional Hisis the "right," "privilege," or "franchise" tory of United States, chap. 4, subdiv. 6; to occupy a street. The "tangible” prop. People v. Harding, 53 Mich. 481, 19 N. W. erty employed in the exercise of this right | 155; People ex rel. Le Roy v. Hurlbut, 24 is merely incidental to the right.

Mich. 44, 9 Am. Rep. 103; Slaughter-House Prior to the enactment of chapter 712 of Cases, 16 Wall. 36, 21 L. ed. 394. the Laws of 1899 the property thereby ren- Hence officers who exercised that function dered assessable had never been assessed in New York city were required to be selocally, and therefore the local assessors lected as provided by $ 2, art. 10, of the Con. are deprived of no function.

stitution. Re New York, W. $. & B. R. Co. 37 Hun, People v. Raymond, 37 N. Y. 428; War. 317 ; Ritchmyer v. Morss, 3 Keyes, 349; Rener v. People, 2 Denio, 272, 43 Am. Dec. McPherson, 104 N. Y. 306, 58 Am. Rep. 502, 740; People ex rel. New York C. & H. R. R. 10 N. E. 685; Re Romaine, 127 N. Y. 80, Co. v. Priest, 169 N. Y. 432, 62 N. E. 567. 12 L. R. A. 401, 27 N. E. 759; People v. The special franchise tax law cannot be Home Ins. Co. 92 N. Y. 328; Home Ins. Co. sustained upon the ground that the amount v. New York, 134 U. S. 594, 33 L. ed. 1025, of property withdrawn from the jurisdic. 10 Sup. Ct. Rep. 593.

tion of local assessors is so inconsiderable The grant of property by the state, or by th the home-rule principle of the Constia municipal corporation, upon payment tution is not violated. therefor of a consideration, payable either M'Culloch v. Maryland, 4 Wheat. 316, 4 in gross or by annual payments, and ex. L. ed. 579; Metropolitan Bd. of Excise v. pressed in the grant, does not carry with 'Barrie, 34 N. Y. 657.

assessors.

887;

The state is divided into civil divisions for It is not possible to reach a valuation of the purpose of local government. The state an intangible right to use the streets by has never existed without them, and they ascertaining its earnings or earning caare permanent institutions in our form of pacity. government, and, as such, are recognized in People ex rel. Delaware, L. & W. R. Co. the Constitution.

v. Clapp, 152 N. Y. 490, 39 L. R. A. 237, Dill. Mun. Corp. 4th ed. § 12; Rathbone 46 N. E. 842; People ex rel. Panama R. Co. v. Wirth, 150 N. Y. 459, 34 L. R. A. 408, v. Tax Comrs. 104 N. Y. 240, 10 N. E. 437. 45 N. E. 15.

A valuation of a special franchise cannot The principle which distinguishes between be reached by deducting from the total value a local function and a 'state function is of a company's property and franchises the plain, and is controlling in the case at bar. separate values of every asset except the

People rel. Le Roy v. Hurlbut, 24 Mich. special franchise. 44, 9 Am. Rep. 103; Dill. Mun. Corp. 2d ed. State Railroad Tax Cases, 92 U. S. 575, § 9 B; People v. Acton, 48 Barb. 524; Devoy 606, 23 L. ed. 663, 670; Cleveland, C. C. & v. New York, 36 N. Y. 449.

St. L. R. Co. v. Backus, 154 U. S. 439, 444, It makes no difference whether the legis- 38 L. ed. 1041, 1045, 4 Inters. Com. Rep. lature attempts to appoint local officers to 677, 14 Sup. Ct. Rep. 1122. make assessments, or to assume the greater While it is not disputed that franchises power of investing state officers with the may be taxed or charged arbitrary license duty and power of performing this function. fees by the legislature, both the legislature In either case the act is void.

and the courts have recognized the impos. People v. Pinckney, 32 N. Y. 377; People sibility of valuing franchises as tangible ex rel. Park Comrs. v. Detroit, 28 Mich. property is valued. 228, 15 Am. Rep. 202; Atty. Gen. v. Detroit, Burroughs, Taxn. pp. 166, 169; California 58 Mich. 213, 55 Am. Rep. 675, 24 N. W. v. Central P. R. Co. 127 U. S. 1, 41, 32

Evansville v. State, 118 Ind. 427, 4 L. ed. 150, 157, 2 Inters. Com. Rep. 153, 8 L. R. A. 93, 21 N. E. 267; State ex rel. Sup. Ct. Rep. 1073; Society for Savings v. Jameson v. Denny, 118 Ind. 382, 4 L. R. A. Coite, 6 Wall. 594, 18 L. ed. 897; Maine v. 79, 21 N. E. 252.

Grand Trunk R. Co. 142 U. S. 217, 35 L. ed. Mr. Frank H. Platt, for respondent Con- 994, 3 Inters. Com. Rep. 807, 12 Sup. Ct. solidated Gas Company:

Rep. 121, 163. There is no method by which the value of As there is no method of ascertaining the a special franchise can be ascertained. values of special franchises, the franchise

A special franchise is to be assessed in the tax act is impossible of execution, and the same manner as other real estate.

court should so hold. Special franchises have no market value. Black, Statutes, p. 99; People ex rel. New They cannot be valued on a basis of cost of York C. & A. R. R. Co. v. Morgan, 168 production.

N. Y. 1, 60 N. E. 1041; Hughes' Case, 1 People ex rel. Western U. Teleg. Co. v. Bland Ch. 46; Ward v. Ward, 37 Tex. 389; Dolan, 126 N. Y. 166, 12 L. R. A. 251, 27 Chaffee's Appeal, 56 Mich. 244, 22 N. W. N. E. 269.

871; Drake v. Drake, 15 N. C. (4 Dev. L.) Where land has been dedicated as a street 110. for the use of adjoining lot owners a subse- Messrs. Edgar J. Kohler and John C. quent taking of the street for a public use Tomlinson, for respondent New Amsterdoes not increase the burden, or entitle the dam Gas Company: owner to anything more than nominal dam- A constitutional requisite of all ad valo ages.

rem taxation is that the species of property Re Adams, 141 N. Y. 297, 36 N. E. 318. upon which the tax is imposed must admit

A street railroad company having several of a sufficiently rational or uniform adconnecting railroads operated as a whole measurement of value, so as to make possisystem might pay a large part of the profits ble a just apportionment of the tax. of its whole system rather than be deprived Marsh v. Clark County, 42 Wis. 502; Judof its right to use one small connecting link son, Taxn. ed. 1903, § 463; Stuart v. Palmer, in its lines, because to take away that small 74 N. Y. 183, 30 Am. Rep. 289; People ex right might destroy its whole business and rel. Manhattan R. Co. v. Barker, 152 N. Y. bring down failure upon the company. But 417, 46 N. E. 875; People ex rel. Delaware, the payment of such a price would not meas. L. & W. R. Co. v. Clapp, 152 N. Y. 490, 39 ure the particular right, for, on that basis L. R. A. 237, 46 N. E. 842; People ex rel. of value, each of the rights would be equal West Shore R. Co. V. Adams, 125 N. Y. 471, to the value of all, and, added together, the 26 N. E. 746; People ex rel. Union Trust Co. value of the several franchises would exceed v. Coleman, 126 N. Y. 433, 12 L. R. A. 762, the value of all.

27 N. E. 818. Re Boston, H. T. & W. R. Co. 22 Hun, 176. Things or rights may be property in a legal sense and may have value, and yet property in New York state shows concluthat value not be ascertainable in dollars sively that the function of assessment has and cents, or capable of admeasurement for always been regarded as a purely local one, the purpose of ad valorem taxation. and it is impossible to suppose that the peo

Perry v. Big Rapids, 67 Mich. 146, 11 Am. ple intended to confer upon the legislature St. Rep. 570, 34 N. W. 530; Dart v. Wood- the power to interfere with this immemorial house, 40 Mich. 399, 29 Am. Rep. 544; State custom. Tar Comrs. v. Holliday, 150 Ind. 216, 42 Although the legislature may interfere L. R. A. 826, 49 N. E. 14.

with local administration of police powers, Prior to the enactment of the special fran- it has no such right as to the power to chise tax act there appears to have been a assess property for taxation. general recognition in legislation and by the Cooley, Const. Lim. 6th ed. 704; Boston courts that franchises are not capable of Beer Co. v. Massachusetts, 97 U. S. 25, 33, valuation as distinct pieces of property upon 24 L. ed. 989, 992; Thorpe v. Rutland & B. an ad valorem basis.

R. Co. 27 Vt. 140, 62 Am. Dec. 625; People People ex rel. Delaware, L. & W. R. Co. ex rel. Wood v. Draper, 15 N. Y. 532; People v. Clapp, 152 N. Y. 490, 39 L. R. A. 237, 46 v. Pinckney, 32 N. Y. 377; Metropolitan Bd. N. E. 842; People ex rel. Brooklyn City R. of Excise v. Barrie, 34 N. Y. 657; People Co. v. Neff, 19 App. Div. 590, 46 N. Y. Supp. ex rel. McMullen v. Shepard, 36 N. Y. 285. 385.

The contention that the so-called "special A special franchise considered as a dis- franchise” constitutes a new species of proptinct piece of property is in no proper or erty, with the characteristic distinguishing legal sense capable of valuation.

features that it is partly intangible and not Mr. William H. Page, Jr., for respond- localized, does not warrant its assessment ents Twenty-Third Street Railroad Com- by a state oflicial. pany and Central Cross-Town Railroad Com- Buffalo v. LeCouteulx, 15 N. Y. 451; Monpany:

roe County Sav. Bank v. Rochester, 37 N. Y. The principle of "home rule,” as embodied 365; Cooley, Const. Lim. 6th ed. p. 220. in § 2, art. 10, of the present Constitution, Messrs. Charles A. Collin, William has always been a part of the organic law F. Sheehan, John L. Wells, Thomas L. of the state, and guarantees to the people of Hughes, Charles H. Werner, and the various localities the right to continue Charles V. Nellany, for respondent Brookto select their local officers.

lyn City Railroad Company: The legislature of this state cannot ap- Such franchise contracts as form part of point, or authorize central authorities to the special franchises of these respondent appoint, any local officer; nor can the legis corporations are business contracts, prolature create state officers to perform an in- tected by the Federal Constitution from imherently local function of government. pairment by legislative alteration, amend

Sheboygan ounty v. Parker, 3 Wall. 93, ment, or repeal, without consent of the cor18 L. od. 33; Re New York, 99 N. Y. 569, 2 porations. N. E. 642; People ex rel. Sherwood v. State Walla Walla v. Walla Walla Water Co. Board, 129 N. Y. 360, 14 L. R. A. 646, 29 172 U. S. 1, 43 L. ed. 341, 19 Sup. Ct. Rep. N. E. 345; Rathbone v. Wirth, 150 N. Y. 77; Langdon v. New York, 93 N. Y. 129; 459, 34 L. R. A. 408, 45 N. E. 15; People People v. O'Brien, 111 N. Y. 1, 2 L. R. A. ex rel. Balcom v. Mosher, 163 N. Y. 32, 79 255, 7 Am. St. Rep. 684, 18 N. E. 692; Am. St. Rep. 552, 57 N. E. 88; People ex Murray v. Charleston, 96 U. S. 432, 24 L. rel. Fowler v. Bull, 46 N. Y. 57, 7 Am. Rep. ed. 760; Hartman v. Greenhow, 102 U. S. 302; People ex rel. Williamson v. McKin- 672, 26 L. ed. 271. rey, 52 N. Y. 374; Pcople ex rel. Lord v. In the absence of provisions in the franCrooks, 53 N. Y. People ex rel. Le Roy chise contract itself, reserving the right of v. Foley, 148 N. Y. 677, 43 N. E. 171; Re the state or municipality to alter, amend, Brenner, 170 N. Y. 185, 63 N. E. 133. or repeal the contract, neither the state nor

The function of assessing property-of the municipality can, without the consent perfecting a valuation of property as a basis of the grantee in the franchise contract, of taxation--is to be exercised exclusively either by state or municipal legislation, or by local officers.

by state constitutional amendment, change People v. Raymond, 37 N. Y. 428. its terms so as to avoid an express stipula.

The effect of the special franchise tax acttion therein on the part of the municipality. is to deprive the local assessor of the func- Walla Walla v. Walla Walla Water Co. tion of assessing taxable property.

172 U. S. 1, 43 L. ed. 341, 19 Sup. Ct. Rep. People ex rel. New York C. & A. R. R. Co. 77; Vicksburg Waterworks Co. v. Vicksburg, v. Priest, 169 N. Y. 432, 62 N. E. 567; Peo- 185 U. S. 65, 46 L. ed. 808, 22 Sup. Ct. Rep. ple v. Hastings, 29 Cal. 449.

585; Little Falls Electric of Water Co. v. The history of the assessment of taxable 'Little Falls, 102 Fed. 663; New Orleans

SO

Gaslight Co. v. Louisiana Light & H. P. &tion whether the statute under which the asMfg. Co. 115 U. S. 650, 29 L. ed. 516, 6 Sup. sessments were made violates that part of Ct. Rep. 252; New Orleans Waterworks Co. the Constitution which provides for home v. Rivers, 115 U. S. 674, 29 L. ed. 525, 6 rule in certain political divisions of the Sup. Ct. Rep. 273; St. Tammany Water- state. In order to answer this question, it works Co. v. New Orleans Waterworks Co. will be useful to inquire: (1) What does 120 U. S. 64, 30 L. ed. 563, 7 Sup. Ct. Rep. the Constitution prohibit? (2) What does 405; American Waterworks & Guarantee the statute command? And (3) What have Co. v. Home Water Co. 115 Fed. 171; City the courts held as to the validity of other R. Co. v. Citizens' Street R. Co. 166 U. S. statutes relating to similar subjects ? 557, 41 L. ed. 1114, 17 Sup. Ct. Rep. 653 ; The principle of home rule, or the right of Brooklyn Cent. R. Co. v. Brooklyn City R. self-government as to local affairs, existed Co. 32 Barb. 358.

before we had a constitution. Even prior to The taxation of the franchise contracts of Magna Charta, some cities, boroughs, and public-service corporations where the right towns had various customs and liberties to impose such tax is not expressly or im- which had been granted by the Crown, or pliedly reserved in the franchise contracts had subsisted through long user, and among would be an impairment of the obligation them was the right to elect certain local ofof the contracts, and would, therefore, be ficers from their own citizens, and, with unauthorized and void.

some restrictions, to manage their own pureNew York v. Second Ave. R. Co. 32 N. Y. I ly local affairs. These customs and liberties, 261, 34 Barb. 41; New York v. Third Ave. with other rights, had been often R. Co. 33 N. Y. 42; Stein v. Mobile, 49 Ala. trampled upon by the King as to arouse 362, 20 Am. Rep. 283; Los Angeles v. Los deep hatred of centralization of power; and Angeles City Water Co. 61 Cal. 65, 177 we find among the many grants of the Great U. S. 558, 44 L. ed. 886, 20 Sup. Ct. Rep. Charter that “the city of London shall have 736; Sunset Teleph. & Teleg. Co. v. Medford, all its ancient liberties and its free customs 115 Fed. 202; Gordon v. Appeal Tax Court, as well by land as by water. Furthermore, 3 How. 133, 11 L. ed. 529.

we will and grant that all other cities and Mr. William N. Dykman for Coney burghs and towns

shall have all Island & Brooklyn Railroad Company. their liberties and free customs." Chap. 13. dír. David B. Hill, for respondents: "All evil customs

shall immediateThe function of assessment for the pur- ly be inquired into by twelve knights of the poses of taxation is inherently a local func- same county, upon oath, who shall be elected tion, and adheres to the counties, cities, by good men of the same county," and after towns, and villages of the state with sub- inquisition made "they shall be altogether stantially the like effect as though there was destroyed by them, never to be restored, proan express provision therefor in the Consti- vided this be notified to us before it is done." tution.

Chap. 48. After this marvelous statute, People v. Raymond, 37 N. Y. 428; Re rights, which before had rested largely on Brenner, 170 N. Y. 185, 63 N. E. 133; Peo- custom, rested on law, with a guaranty ple ex rel. Bolton v. Albertson, 55 N. Y. 50; against violation by the amazing covenant Rathbone v. Wirth, 150 N. Y. 459, 34 L. R. of King John that, if he refused redress for A. 408, 45 N. E. 15; People ex rel. William- an "excess committed,” his subjects should son v. McKinney, 52 N. Y. 374; People ex be released from their allegiance, and at librel. Lord. v. Crooks, 53 N. Y. 648; People erty to make war upon him, "saving harmex rel. Le Roy v. Foley, 148 N. Y. 677, 43 | less our person and the persons of our Queen N. E. 171; People ex rel. Lovett v. Randall, and children and when it hath been re151 N. Y. 497, 45 N. E. 841; People ex rel. dressed they shall obey us as they have done Eldred v. Palmer, 154 N. Y. 133, 47 N. E. before." Chap. 61. 1084.

The rights thus secured after a long strug

gle and by great pressure, although at times Vann, J., delivered the opinion of the denied and violated by the ruling monarch, court:

were never lost, but were brought over by These appeals were argued together, and the colonists the same as they brought the the questions of law presented are common right to breathe, and they would have parted to all the proceedings. The only questions with the one as soon as the other. The libpeculiar to any case were questions of fact, erties and customs of localities reappear on which have been finally disposed of by the a novel and wider basis in the town meetings concurrent action of the courts below, as of New England and the various colonies, they united in adopting the facts as found including the colony of New York. The by the referee. The main discussion at our right of the inhabitants of townships and bar, as well as in the four opinions written manors to meet at stated times in public in the appellate division, related to the ques.' town meetings, elect town officers, and trans

.

act town business, was well established The tirird Constitution, drafted in 1846, while we were a colony, and was recognized continued the principle and expanded the by different statutes enacted by the govern right by the following provision: “All or, council, and general assembly (Van county officers, whose election or appointSchaack's Laws, chaps. 1201, 1224, 1419, ment is not provided for by this Constitu1448, 1454, 1459, 1460, 1499, 1536, 1562; tion, shall be elected by the electors of the Livingston & Smith's Laws, chaps. 43, 654. respective counties or appointed by the

The business transacted at the town meet- boards of supervisors, or other county auing related to highways, care of the poor, thorities, as the legislature shall direct. All and matters of purely local concern. It was city, town, and village officers, whose election confined to the affairs of a small district, or appointment is not provided for by this and was clearly separated from public mat- Constitution, shall be elected by the electors ters of interest to the colony at large. The of such cities, towns, and villages, or of officers elected, generally by viva voce vote, some division thereof, or appointed by such were supervisors, assessors, collectors, con authorities thereof, as the legislature shall stables, commissioners of highways, and designate for that purpose. All other ofoverseers of the poor. The powers and du- ficers, whose election or appointment is not ties of these officers were regulated by stat provided for by this Constitution, and all ute, but the right to select them resided in officers whose offices may hereafter be crethe people of the locality, and was stubborn- ated by law, shall be elected by the people, ly insisted upon as inviolable.

or appointed, as the legislature may direct.” Such was the state of affairs when the Article 10, § 2. The same provision was carfirst Constitution was adopted. While that ried forward, ipsissimis verbis, into our presinstrument organized the state, it granted no ent Constitution. Article 10, § 2. rights to the people, but was their own cre- These and other commands of the differation, expressing the restraints that they de- ent Constitutions, when read in the light of sired to place upon themselves by preserving prior and cotemporaneous history, show that certain principles and methods of govern- the object of the people in enacting them ment which they wished to remain unalter- was to prevent centralization of power in the able. Thus the Constitution of 1777 recog. state, and to continue, preserve, and expand nized local self-government as already exist local self-government. ing, and continued and protected it, so that This was effected through a judicious disit could not lawfully be departed from with tribution of the power of selecting public out changing the Constitution itself. It pro officers, by assigning the choice of local ofvided that "town clerks, supervisors, assess- ficers to the people of the local divisions, and ors, constables, and collectors and all other to the people generally those belonging to officers heretofore eligible by the people, the state at large. The management of the shall always continue to be so eligible.” 8 local political business of localities, whether 29. Sheriffs, coroners, loan officers, county as large as a county or as small as a village, treasurers, clerks of supervisors, and jus is intrusted to local officers selected by the tices of the peace were to be appointed. $8 communities where those officers act, and 26, 29. Thus our earliest Constitution did through which their jurisdiction extends. not create the right to elect the administra- The principle of home rule is preserved by tive officers of towns, but continued it as it continuing the right of these divisions to had existed during the history of the colony select their local officers, with the general while it was under the dominion of the functions which have always belonged to the English Crown. The only local officers men- office. Unless the office, by whatever name it tioned by name as "eligible by the people” is known, is protected, as the court have uniwere town officers, and in fact almost all of- formly held, the right to choose the officer ficers of other local divisions were appointed would be lost, for, with his former functions by central authority.

gone, he would not be the officer contemThe second Constitution, framed in 1821, plated by the Constitution, even if the name continued the right by the general clause, were retained. Unless the office or officer is applicable to county, town, city, and village mentioned eo nomine in the Constitution, officers, that "all officers heretofore elected the name may be changed, or the office abolby the people shall continue to be elected; ished, provided the functions, if retained at and all other officers, whose appointment is all, remain in some officer chosen by the lo. not provided for by this Constitution, and cality. Local functions, however, cannot be all officers whose offices may be hereafter cre- transferred to a state officer. The legisated by law, shall be elected by the people, lature has the power to regulate, increase, or or appointed, as may by law be directed.” | diminish the duties of the local officer, but Article 4, § 15. Sheriffs, coroners, and some it has been steadfastly held that this power other county officers were for the first time is subject to the limitation that no essential made elective,

or exclusive function belonging to the office

« PreviousContinue »