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Documents of the Assembly of the State of New York Volume 104, No. 1

Documents of the Assembly of the State of New York Volume 104, No. 1


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...because the Superintendent had, in several instances, increased the wages of a teacher on the recommendation of the board, or because he stated in his letter to the board that they were to be employed at fixed rates of salary, although that right is vested absolutely in the Superintendent. This cannot be, and it must, therefore, be held that there has been no practical construction of this statute which is bindingupon, or authority for the court in determining this case. "it is also contended by the board that the principal of the Cortlaud Normal and Training "School is an officer of the State, and as such entitled to hold his office during the pleasure of the authority appointing him. (1 E. S. Banks' ed. 415, sec. 8.) While I am unable to see how the rule would be different in the case of such an officer and an employe for an indefinite time, still I am clearly of the opinion that such principal is not an officer but an employe of the State. "An office is a right to exercise a public function or employment and take the fees and emoluments belonging to it. It involves the idea of tenure, duration, fees or emoluments and powers as well as that of duty. It implies an authority to exercise some portion of the sovereign power of the State either in making, administering or executing the laws. One who receives no certificateof appointment, takes no oath of office, has no term or tenure of office, discharges no duties and exercises no powers depending directly on the authority of law, but simply performs such duties as are required of him by the persons employing him, and whose responsibility is limited by them, is not an officer and does not hold an office, although the persons so employing him are public officers, ...


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Product Details
  • ISBN-13: 9781234055875
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 512
  • Spine Width: 26 mm
  • Width: 189 mm
  • ISBN-10: 1234055872
  • Publisher Date: 13 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 903 gr


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