Nebraska Reports Volume 103

Nebraska Reports Volume 103

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...had entered into a pre-election contract to sell his candidacy and influence to rival candidates in consideration of an agreement on their part, if elected, to appoint him to a lucrative public ofiiee. In other words, the newspaper article would generally be understood in common parlance to contain the charge that plaintiff as a candidate for councilman had sold out to rivals. In any event, the political deal described by defendants includes the making of a pre-election contract to influence the appointment to a public oflice. Was the conduct imputed to plaintiif unlawful? The rivals with whom he is said to have bargained had not been elected. They were not then clothed with official power or responsibility for municipal acts. They were not bound by an oath of ofiice or an ofiicial bond; but, according to the published accusation, they had nevertheless agreed in advance to exercise ofiicial power for personal advantage by appointing plaintiff to a public office, thus closing the door to other aspirants and destroying the political right of citizens generally to voluntarily recommend official appointments in the interests of the public ser vice. It is unnecessary to search for a statute forbidding the odious conduct imputed to plaintiff. Such conduct is denounced as unlawful by the common law of the United States and by the public policy of Nebraska. Purity of public elections and untrammeled officialdom are imperative demands of the government. Public offices are not subjects of lawful barter and sale. All contracts tending to influence appointments to public ofiice are unlawful and void. Exchange Nat. Bank v. Henderson, 139 Ga. 260, 51 L. R. A. n. s. 549, note 2; Meacham '0. Dow, 32 Vt. 721; Fils0n's Trustees 'v. Himes, 5 Pa. St....
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Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • United States
  • English
  • black & white illustrations
  • 1236964985
  • 9781236964984