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121. Who assesses municipal taxes, and how? Who collects

them, and how ? 122. You have a judgment against Podunk for $2,000 and the

council has levied a special tax and appropriated it to your judgment. The corporation treasurer, while collecting the taxes, laughs at your call for money and informs you that he will pay this appropriation, as soon as collected, to Bulger for a chemical fire engine. What will you do about it ?




(The numbers refer to the numbered sections in the text.)

1. What is meant by the term “administrative law," and of

what does it treat? 2-3. In distinguishing between an office and an employment

what questions must be determined? Why is the distinc

tion important ! 4. State whether the right to hold office is a property right. 5. Under what authority are federal, state, and municipal offi

cers elected ? By what authority do they hold their respective offices, and under what supervision must they per

form their duties? 6. Who are public officers ? Give specific instances. 7. Into what three general classes are public officers divided

in the modern law? 8. In what manner may incumbents properly occupy their

respective offices ? 9-10. What methods are pursued to bring before the elective

body the names of the proposed candidates, and of which

of the several methods do you approve ? 11. To what extent have the several states power to determine

who may vote for domestic officers ? 12. Define and explain the provisions of what are known as

restrictive laws. 13. What restrictions, if any, are imposed upon the states

when prescribing qualifications of officers ? 14. State the constitutional restrictions upon minority rep

resentation and cumulative voting.

15. Distinguish between majority and plurality in voting. 16. Who determines the form of the ballot, and the manner

in which the ballot shall be cast? 17. A, being an illiterate, desires to cast his ballot; he has

determined for whom to vote. Upon arriving at the polls, to whom should he apply for assistance to enable him to

cast his ballot? 18. What are the duties of election commissioners! 19. The canvassing board refuses to perform its duties. What

remedy may be invoked to compel it to do so! 20. To what extent may the legislature regulate the require

ments for a valid election? 21-22. Compare the advantages and disadvantages of election

and appointment of public officers. 23. Who may exercise the power of appointment and under

what circumstances may such power be exercised ? 24. The mayor of a city fails, within a reasonable time, to

'appoint a chief of police. May he be compelled to do so,

and if so, by what remedy? 25-26. By what evidence should the appointee be able to

establish his right to hold his office! 27-28. How may the title of one claiming to hold office be

called into question and determined ? 29-30. When and under what circumstances may vacancies

in elective offices be filled by appointment! 31. Who may determine when a vacancy in an office exists? 32-33. A person is duly elected or appointed to an office.

What further, if anything, is necessary for him to do

before entering upon the duties of his office ? 34. Burns, a citizen of the United States, is appointed min

ister plenipotentiary to France, goes to Paris with his family and remains there as such for a period of years, during which time a son is born to him. Would such son be eligible to the office of President of the United

States ? 35. Are there any qualifications touching the age of office

holders, either elective or appointive? If so, state what

they are. 36. What are the requirements as to citizenship when one seeks an office, whether elective or appointive? Distin

guish between residence and citizenship. 37. Is the privilege of voting a right or a license? 38-40. When the privilege of voting is granted, upon what is

it based, and to what extent do age, sex, property, educa

tional or religious qualifications affect the granting of it? 41. Under what circumstances may an officer, either elective

or appointive, become disqualified by reason of his own

acts, after taking office ? 42. Under what circumstances may the legislature prescribe

the necessary qualifications and duties of appointive or

elective officers? 43. A is elected to the office of constable in the County of B;

he qualifies and enters upon the duties of his office; soon thereafter it becomes apparent that he does not comprehend' and is unable to read and write the English language. May he be dispossessed of office and the office

declared vacant for these reasons ? 44-45. McGuire is judge of the county court; during his in

cumbency he is convicted of the crime of grand larceny. Would this afford a sufficient ground for declaring his

office vacant and placing another in his stead? 46. Under what circumstances does one become a de facto

officer? 47. So long as one remains a de facto officer, what effect in

law is given to his acts? Why? 48. What elements must exist in order to constitute one an

officer de facto ? 49. Wherein do the powers, rights and duties of an officer

de facto differ from those of an officer de jure ? 50. Upon what provisions is the compensation of officers based

and how may they proceed to enforce payment? 51. What effect, if any, would the discontinuance of the office

or lawful discharge of the officer have upon his right to

recover compensation ? 52. What is meant by impeachment and under what circum

stances and by what authority may this power be exer

cised! 53. May officers assign their salaries? If so, to whom and upon

what consideration ?

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