TABLE OF CONTENTS.

References are to Sections.

BOOK I.

OF THE OFFICE AND THE OFFICER; HOW OFFICER CHOSEN

AND QUALIFIED.

CHAPTER 1.-DEFINITIONS AND DIVISIONS.~

Authentication by chief executive not necessary.

Office coupled with an interest..

9

10

Authority to appoint to office constitutes a public officer..

Lucrative office-Office of profit.

11

12

..

13

14

CHAPTER III.—WHO MAY BE PUBLIC OFFICERS.

29

30

31

82

83

34

35

36

37

38

89

40

41

42

43

44

45

46

4"

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

References are to Sections.

Power of legislature to affect constitutional qualifications.....

96

Where no constitutional prohibition, legislature may change qualifica-

tions....

Legislature cannot make political opinions a qualification......

Nor can religious opinions be made a test..

What power of appointment may be exercised by the legislature.....

Same subject-Power to prescribe manner of appointment not equiva

lent to power to appoint...................

106

.....

Authority of executive to appoint must be conferred by sovereign power 108

Power which created authority can take it away..

109

More frequently exercised under national than state governments...... 122

Local offices can not be permanently filled by legislative appointment.. 123

Discretion of appointing power....

II.

APPOINTMENTS TO FILL VACANCIES.

Power may exist in two classes of cases..

What constitutes a vacancy..

Classification of vacancies...

....

Whether office filled by prior incumbent holding over is vacant..

Whether failure to elect leaves office vacant.

Whether failure to qualify causes vacancy..

......

Whether election of unqualified person causes vacancy..

Whether newly created office is vacant.....

When vacancies anticipated may be filled...

124

125

126

127

128

129

130

131

132

133

References are to Sections.

Appointments "by and with the consent of the senate

Appointments to fill vacancies occurring in offices originally filled by

senate......

135

Appointments to fill vacancies occurring during session, but left unfilled 136

Same subject-Rule in United States courts....

137

Same subject-Rule in New Jersey.....

138

Same subject-Appointee holds only until close of next session.

169

Primary elections and nominations may be regulated by law..

143

Subdivision of the subject.....

144

I. VOTERS AND THEIR QUALIFICATIONS.

1. The Power to prescribe Qualifications.

Right to vote is neither natural, absolute nor vested.......

State may prescribe qualifications

........

In the territories congress prescribes qualifications.

2. Constitutional Limitations upon the Power.

State legislature cannot alter or augment qualifications prescribed by

state constitution..

145

146

147

148

Same subject-Increasing period of residence or other qualifications...

152

Requirements as to time, place and manner must be observed..

153

Effect of failure to register..............

154

Effect where no opportunity for registration is provided..

Effect of defective discharge of duty by registering officers..

155

156

4. The Qualifications Required.

Usual qualifications required.

......

1. Citizenship-how "citizen" compares with "inhabitant" and "resi-

157

158

159

160

161

162

163