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?

QUIZ QUESTIONS

LAW OF PUBLIC OFFICERS AND ELECTIONS

(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 distinction 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 perform 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 representation 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 requirements 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 minister 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? Distinguish 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, educational 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 incumbency 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 circumstances and by what authority may this power be exercised?

53. May officers assign their salaries? If so, to whom and upon what consideration?