THE OFFICE VACANCY.
The House then took up the unfinished business, the question being on the motion of Mr. PATTON to indefinitely postpone the bill [H. R. 528] to declare a Recorder's office vacant
Mr. BROWNLEE: There is no way under the law, as it is, that an office can be declared vacant. If any officer runs away his office can not be declared vacant. So the bill is not local in its character. If a man is elected to an office he should attend to it or vacate it. The effect of this bill is to put upon county officers greater vigilance in the discharge of their duty. There is a quo warranto proceedings in which a deputy may be cited to appear and show by what authority he acts, but that is the end of it. page: 32[View Page 32] If he acts from no authority it can not be Helped. If a man should lock up his office and leave you can not under the present law declare the office vacant, for the reason that yon nave no defendant to serve in the case. You can not put up a strawman as defendant and try the case. I do not know a thing about the Johnson County case. I am not trying that. I favor only a general law, I want to protect people there in the record of their deeds, if the present incumbent of that office has not the proper authority
The SPEAKER: I will interrupt the proceedings for this statement. I wish to withdraw from the House now to catch my train for home, and I will call the gentleman from Dearborn (Mr. McMullen) to the chair. I would advise that you discuss this question at will and then adjourn until Saturday. I I see that there is not "sufficient number of members" to give the bill a vote.
Mr DEEM: It has been sought to kill this bill by recommittal. I submit that the office ought to be declared vacant. The Commissioners of that county should have the right to appoint a man to that office, to save all questions as to legality.
Mr. MOODY: It is said here that you can not declare an office vacant, when an officer has absconded, because you can not have personal service. The law says that personal service may be had by leaving the summons at his last place of residence. To be an officer, a man must be a resident of the county. This is a proposition for special legislation — for if the bill is passed, it goes through with the express purpose of accommodating Johnson County. Under the present law the Court may vacate the office. The people of Johnson County want this case left where it is in my opinion. I have heard nothing, but I so judge because the bondsmen are not complaining of the man who is now serving.
Mr. REEVES: In regard to those bondsmen, I am informed that they did undertake to surrender the office, and the Judge, as able a man as there is on this floor, and he in open court did not find authority to remove the incumbent. In regard to the people, I represent them, and they want the office vacated. If some other gentlemen here represent Johnson County more than I. I propose to go home and remain there. If the measures proposed by this bill are already on the statute, why oppose it?
Mr. GOODING: If the gentleman will allow me a word: Some of the provisions are in the law, but not all, and some of those not in the law we oppose.
Mr. RIVERS: That Treasurer has been gone four months. I believe he is dead. I have been told that there is not a man in Johnson County who can locate the last residence of Clemmer.
Pending action upon the motion to indefinitely postpone the bill -
The house adjourned pursuant to the order heretofore adopted till Saturday afternoon at 2 o'clock.
