Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 84

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 84

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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: ... the respondent in its return, and in all cases where a statute is of doubtful meaning the contemporaneous construction placed thereon by the officers of government charged with its execution is entitled to great weight, and will not be disregarded or overthrown except for strong reasons, or unless it is clear that such construction is erroneous. United States v. Johnson, 12-1 U. S. 236. The relator, however, contends that even though he is not the Forest, Game and'Fish Warden dc juro, he is so de facto. He avers in his petition that he is performing the duties of the office, that he has possession of the seal, and of the books and records of the same. The return alleges that Harding is now and has been since his appointment performing the duties of the office, but does not say anything about the possession of the seal and other insignia of office. This return was. demurred to without other reply, so that it may be said from the state of the pleadings here that the relator has possession of the insignia of office, but it is not quite clear as to who is performing the duties thereof. It seems that the weight of authority is that a de facto officel' cannot ordinarily' maintain a suit to recover the salilry belonging to the office which he is filling. Usually the salalii' belong to him who has the title. 22 R. C. L., p. 599; Constantincau on the De Facto Doctrine, sec. 219. But we are not called upon to decide this question inasmuch "as 'iii does not appear who has been exercising the duties of the office Since the aPpointment of Harding, and in the absence of a clear and unequivocal showing in this respect, it Win not be presumed that the same are being performed by one other than the person who is...show more

Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236904176
  • 9781236904171