14 Fla. 277. oath of office prescribed creates a vacancy. In re Executive Communication, 25 Fla. 426, 5 So. 613. The failure of a person elected to give a bond and qualify as required by Florida Const. art. 8, § 7, creates a vacancy which the governor may fill by appointment.

Neglect to take the

Jones v. Collier, 65 Ga. 553. Embezzlement of public funds will create a vacancy in an office after a judgment to this effect by the ordinary which may be filled by appointment in the manner prescribed by law.

People v. Hanifan, 96 Ill. 420. The acceptance of an office incompatible with that of alderman is equivalent to its abandonment and a vacancy is thereby created.

Osborne v. State, 128 Ind. 129, 27 N. E. 345. Where an officer becomes a defaulter, his office becomes vacant without a judicial examination.

Kimberlin v. State, 130 Ind. 120, 29 N. E. 773, 14 L. R. A. 858; State v. Craig, 132 Ind. 54, 31 N. E. 352, 16 L. R. A. 688. The removal of a councilman to another ward from that from which he was elected to his office does not of itself create a vacancy under a statutory provision that the council under such circumstances "shall have power to declare his office vacant, and order a special election to fill the vacancy."

Bowen v. Long, 19 Ky. L. R. 1881, 44 S. W. 647. The adjudication in a proper proceeding that an officer is a lunatic creates without notice to him a vacancy in his office.

State v. Graham, 26 La. Ann. 568. "The absence of the governor from the state for a few hours, or a few days, creates no vacancy in the office, and does not authorize the as

sumption of the duties, perogatives and emoluments thereof by the lieutenant governor during such absence. It must be, under a proper construction of article 53 of the Constitution, such an inability to discharge the duties of the office, as well as such absence from the state as would affect injuriously public interests."

Kriseler v. LeValley, 122 Mich. 576, 81 N. W. 580. The failure to give the bond required by law does not create a vacancy in an office until action by a village council as prescribed by Comp. Laws 1897, § 2710.

State v. Baird, 47 Mo. 301. The sickness of a county officer for fifty days of such a character as to prevent him from attending to his of ficial duties will not create a vacancy in his office.

State v. White, 20 Neb. 37; State v. Lansing, 46 Neb. 514, 35 L. R. A. 124. Although Neb. Const. art. 3, § 20, specifies certain acts or conditions which result in a vacancy, this does not preclude the legislature from further providing that vacancies may result from other

causes.

Richards v. McMillin, 36 Neb. 352, 54 N. W. 566. A declaration by a county board that an office is vacant because an officer elected is ineligible does not of itself create a vacancy. The incumbent of the office may qualify as prescribed by law and hold over until a successor is elected and properly qualified.

People v. Hall, 104 N. Y. 170; State v. Buttz, 9 S. C. (9 Rich.) 156. One vacates an office by accepting another incompatible therewith.

Wenner v. Smith, 4 Utah, 238, 9 Pac. 293. The election of one ineligible creates a vacancy which can

be filled by the governor in the manner provided by act of Congress Aug. 7, 1882, c. 433 (22 Stat. 313). State v. City of Ballard, 10 Wash. 4, 38 Pac. 761. The town council may declare the office of a councilman vacant only by reason of his absence from three consecutive meetings of the council without its permission. A designation of these acts implies the exclusion of all others.

State v. Shank, 36 W. Va. 223, 14 S. E. 1001. The failure to give a new or additional bond when required will not of itself render an office vacant. Omro Sup'rs V. Kaime, 39 Wis. 468.

81 Sheen v. Hughes, 4 Ariz. 337, 40 Pac. 679. An appointment under Rev. St. par. 3116, vests the appointee with all the rights and powers and makes him subject to all liabilities, duties and obligations of the officer whose vacancy he fills and entitles him to hold the office during the unexpired portion of the term of office.

People v. Campbell, 2 Cal. 135; People v. Langdon, 8 Cal. 1. In re Advisory Opinion to Governor, 31 Fla. 1, 12 So. 114, 18 L. R. A. 594. Where a vacancy has been caused by suspension of an official incumbent, an appointment cannot be for a longer period than the remainder of the term of the suspended officer.

State v. Day, 14 Fla. 9; Carson v. State, 145 Ind. 348, 44 N. E. 360. One appointed to fill a vacancy has a right to hold such office for the unexpired term. Hoke v. Richie, 100 Ky. 66, 37 S. W. 266, 38 S. W. 132. An appointee to fill a vacancy

holds for the unexpired portion of the term; not for the full term of the office.

State v. Dubuc, 9 La. Ann. 237; Opinion of the Justices, 64 Me. 596. One elected to fill a vacancy in a public office holds the same only for the remainder of the term. Moreland v. Millen, 126 Mich. 381, 85 N. W. 882; Brady v. Howe, 50 Miss. 607; O'Leary v. Adler, 51 Miss. 28. A vacancy cannot be created by establishing an office which has never had an incumbent and then considering the mere filling of the office as a vacancy which has happened. Brady v. Howe, 50 Miss. 607; State v. Kuhl, 51 N. J. Law, 191, 17 Atl. 102; In re Board of Health, 64 Hun, 634, 19 N. Y. Supp. 131; State v. MeKee, 65 N. C. 257. An appointment to fill a vacancy inIcludes only the unoccupied term of the previous incumbent. Com. v. King, 85 Pa. 103.

82 Falconer v. Robinson, 46 Ala. 340; State v. Gamble, 13 Fla. 9. Where a constitutional provision vests in the governor the power to fill a vacancy by granting a commission "which shall expire at the next election," this is not a grant of the power to fill the office for the unexpired term; it is the duty of the authorities, although the constitution does not fix the precise time for the "next election," to see that the time of this election is not indefinately postponed at the expense of the rights of the people. State v. Hyde, 121 Ind. 20, 22 N. E. 644; State v. Peelle, 121 Ind. 495, 22 N. E. 654; Dyer v. Bagwell, 54 Iowa, 487; Todd v. Johnson, 18 Ky. L. R. 354, 36 S. W. 987; Neely v. Mc

85

Collum, 21 Ky. L. R. 823, 53 S. W. 37; State v. Garrett, 29 La. Ann. 637; Munroe v. Wells, 83 Md. 505; Edison v. Manly, 66 Mich. 329; Attorney General v. Trombly, 89 Mich. 50, 50 N. W. 744; State v. Benedict, 15 Minn. 198 (Gil. 153); State v. O'Leary, 64 Minn. 207; State v. Johns, 3 Or. 533; Com. v. Callen, 101 Pa. 375; People v. Hardy, 8 Utah, 68, 29 Pac. 1118.

83 People v. Ward, 107 Cal. 236, 40 Pac. 538; Sam v. State, 31 Miss. 480; Reeves v. Ferguson, 31 N. J. Law, 107; People v. Trustees of Whitestone, 71 Hun, 188, 24 N. Y. Supp. 532.

84 Stocking v. State, 7 Ind. 326; State v. Askew, 48 Ark. 89; People v. Whitnam, 10 Cal. 38; Quigg v. Evans, 121 Cal. 546; People v. Osborne, 7 Colo. 605; Gormley v. Taylor, 44 Ga. 76; State v. Harrison, 113 Ind. 434; State v. Hostetter, 137 Mo. 636, 38 L. R. A. 208; State v. Irwin, 5 Nev. 112; Johnston v. Wilson, 2 N. H. 202. A vacancy cannot occur until the death, removal or resignation of the incumbent. Davis v. Davis, 57 N. J. Law, 80; Cline v. Greenwood, 10 Or. 230; Walsh v. Com., 89 Pa. 419. A vacancy in county offices occurs within Pa. Const. art. 4, § 8, when a new county is created. In re Supreme Court Vacancy, 4 S. D. 532; In re

Johnson County Com'rs (Wyo.) 32 Pac. 850. A vacancy exists within the meaning of the constitution when a new office is created. Mechem, Pub. Off. § 126.

85 Payne v. Rittman, 66 Ark. 201, 49 S. W. 814; Montgomery v. Little, 69 Ark. 63 S. W. 993; People v. Campbell, 2 Cal. 135; People v. Martin, 12 Cal. 409. A county judge is not a county official and a vacancy is to be filled by the governor of the state; not by the board of county supervisors.

People v. Parker, 37 Cal. 639; Gormley v. Taylor, 44 Ga. 76; Reed v. Baker, 31 Ind. 425; Manor v. State, 149 Ind. 310, 49 N. E. 160; Heim v. State, 145 Ind. 605, 44 N. E. 638; State v. Leovy, 21 La. Ann. 538; State v. City of New Orleans, 51 La. Am. 99, 24 So. 620. Construing 1896 charter of New Orleans with reference to the filling of vacancies. Ijams v. Duvall, 85 Md. 252, 36 Atl. 819, 36 L. R. A. 127. Construing Const. art. 4, § 40.

Hooper v. New, 85 Md. 565, 37 Atl. 424; Hooper v. Farnen, 85 Md. 587, 37 Atl. 430, construing Baltimore City Code 1893, art. 1, § 46, and Code Pub. Local Laws, art. 4, § 31; Kroh v. Smoot, 62 Md. 172; Sappington v. Slade, 91 Md. 640, 48 Atl. 64, construing Const. art. 2 § 11, and Act 1896, c. 202, § 4, re

lating to vacancies. Peck v. Berrien County Sup'rs, 102 Mich. 346, 60 N. W. 985. An appointment to a vacancy is not void when made for the remainder of the term or until the successor is elected and duly qualified. Grondin v. Logan, 88 Mich. 247, 50 N. W. 130, construing How. St. Mich. § 745, relating to the filling of a vacancy in the township board in case of temporary disability of one of the older justices of the peace.

State v. Hostetter, 137 Mo. 636, 39 S. W. 270, 38 L. R. A. 208; In re City of Rensselaer, 31 Misc. 512, 64 N. Y. Supp. 704; State v. Harris, 1 N. D. 190, 45 N. W. 1101.

86 People v. Tilton, 37 Cal. 614. "The evident intention of the provisions of the constitution of California regulating the power of the governor to appoint officers to fill vacancies is to restrict the appointing power to the veriest limits. The decision is that the governor shall appoint only where there is no party authorized by law to discharge the duties of the office. When there is a party expressly authorized by law to discharge the duties temporarily, until the power upon which the duty of election or appointment is devolved can regularly act, there is no action for calling into exercise this extraordinary

power vested in the governor to make a merely temporary appointment." People v. Rodgers, 118 Cal. 393, 46 Pac. 740, 50 Pac. 668; People v. Bissell, 49 Cal. 408; People v. Callaghan, 83 Ill. 128; State V. Ralls County Court, 45 Mo. 58.

87 Tillson v. Ford, 53 Cal. 701; Londoner v. People, 15 Colo. 557, 26 Pac. 135, 33 Pac. 1005; State v. Fowler, 66 Conn. 294, 32 Atl. 162; State v. Harrison, 113 Ind. 434, 16 N. E. 348; Koerner v. State, 148 Ind. 158, 47 N. E. 323. Where a public officer has properly qualified and performs the duties of his office, the fact that he fails to give a bond, as required by law upon his reelection will not create a vacancy, since he is authorized by law to act until his successor is duly elected and qualified. Berry v. McCollough, 94 Ky. 247, 22 S. W. 78; Long v. Bowen, 94 Ky. 540, 23 S. W. 343; Dust v. Oakman, 126 Mich. 717, 86 N. W. 151; Kilburn v. Conlan, 56 N. J. Law, 349; State v. Compson, 34 Or. 25, 54 Pac. 349; State v. Gardner, 3 S. D. 553, 54 N. W. 606.

88 People v. Tilton, 37 Cal. 614; State v. McMullen, 46 Ind. 307; State v. Linkhauer, 142 Ind. 94; Elliott v. Burke, 113 Ky. 479; Lawrence v. Hanley, 84 Mich. 399, 47 N. W. 753; State v. Marr, 65 Minn.