The following have been held not to be officers : A special deputy sheriff ; Kava naugh v. State, 41 Ala. 399; a civil surgeon appointed by the commissioner of pensions to examine applicants for pensions ; U. S. v. Germaine, 99 U. S. 508, 25 L. Ed. 482 ; a lamp inspector ; Peck v. Belknap, 130 N. Y. 394, 29 N. E. 977 ; a paymaster's clerk in the navy ; U. S. v. Mouat, 124 U. S. 303, 8 Sup. Ct. 505, 31 L. Ed. 463; a United States agent of fortifications; U. S. v. Maurice, 2 Brock. 96, Fed. Cas. No. 15,747; the keeper of a county jail; In re Birdsong, 39 Fed. 599, 4 L. R. A. 628 ; the chief clerk in a city as sessor's office;. People v. Langdon, 40 Mich. 673; a mail carrier ; Sawyer v. Corse, 17 Gratt. (Va.) 243, 94 Am. Dec. 445 (contra, Conwell v. Voorhees, 13 Ohio 523, 42 Am. Dec. 206) ; an agent appointed by a state to receive an extradited person; Robb v. Con nolly, 111 U. S. 624, 4 Sup. Ct. 544, 28 L. Ed. 542 ; patrolmen on the police force of a city ; Shanley v. Brooklyn, 30 Hun (N. Y.) 396 (semble); firemen of cities and villages ; Peo ple v. Pinckney, 32 N. Y. 377; State v. Jen nings, 57 Ohio St. 415, 49 N. E. 404, 63 Am. St. Rep. 723; a pilot; Dean v. Healy, 66 Ga. 503 ; a night' watchman of a post-office build ing ; Doyle v. Aldermen of Raleigh, 89 N. C. 133, 45 Am. Rep. 677; members of the legis lature; Worthy v. Barrett, 63 N. C. 199; a college professor ; Union County v. James, 21 Pa. 525. Nine-tenths of the employes of the United States government are said not to be officers ; U. S. v. Germaine, 99 U. S. 509, 25 L. Ed. 482. So of a special officer ap pointed to suppress the liquor traffic among the Indians; U. S. v. Van Wert, 195 Fed. 974. County commissioners are not officers for the purpose of impeachment; In re Opinion of the Justices, 167 Mass. 599, 46 N. E. 118. A United States senator elect is not a mem ber of congress until he has assumed the duties of his office; U. S. v. Dietrich, 126 Fed. 676.
See McCornick v. Thatcher, 8 Utah 294, 30 Pac. 1091, 17 L. R. A. 243.
Public officers are public agents or trus tees and have no proprietary interest or property in their office beyond the lawful term and salary (if any) prescribed; State v. Hawkins, 44 Ohio St. 98, 5 N. E. 228; Reals v. Smith, 8 Wyo. 159, 56 Pac. 690. Their official rights and duties may be chang ed at the discretion of the legislature during their term of office ; State v. Dews, R. M. Charlt. (Ga.) 397; but it has been held that a clerk's office, to be held during good be havior, and many other public offices ' are, under certain limitations, the subject of property; Hoke v. Henderson, 15 N. C. 18, 25 Am. Dec. 677; the emoluments are private property ; id.
The profits of a public office cannot be assigned for the benefit of creditors; 8 Cl. & F. 295.
The buying and selling of offices was for bidden by 5 & 6 Edw. VI. c. 15, under which it has been held that an officer having a cer tain salary or certain annual profits may make a deputation of it, reserving a sum not exceeding the amount of his profits, or the deputy may lawfully agree to pay so much out of the uncertain fees of an office; but if the office have uncertain fees or profits, an agreement by the deputy to pay a fixed sum annually is a sale within the statute; and so is an agreement to give the deputy all the profits; 3 Kent 456.
An agreement by an applicant for an of fice to divide the fees with another appli cant if the latter withdraw his application for it, is void ; Gray v. Hook, 4 N. Y. 449; so is a contract for the sale of an office; Engle v. Chipman, 51 Mich. 524, 16 N. W. 886 ; whether made by the appointing power or the incumbent; Hall v. Gavitt, 18 Ind. 390. An agreement for compensation for procuring the appointment or resignation of a public officer is void; Basket v. Moss, 115 N. C. 448, 20 S. E. 733, 48 L. R. A. 842, 44 Am. St. Rep. 463. So is the sale by the own ers of a vessel of the position of master; 2 B. & C. 661; and the promises of a stock holder that he will secure to the buyer of his stock the office of treasurer ; Guernsey v. Cook, 120 Mass. 501.
Any bargain whereby, in advance of his appointment to an office with a salary, the appointee agreed with the individual making the appointment that he would waive all salary or accept something less than the statutory sum, is contrary to public policy and void ; Miller v. U. S., 103 Fed. 413 ; Glav ey v. U. S., 182 U. S. 595, 21 Sup. Ct. 891, 45 L. Ed. 1247; People v. Board of Police, 75 N. Y. 38.
The eligibility of an officer is ordinarily to be determined at the time of taking the office; State v. Moores, 52 Neb. 770, 73 N. W. 299 ; Hoy v. State, 168 Ind. 506, 81 N. E. 509, 11 Ann. Cas. 944; Kirkpatrick v. Brownfield, 97 Ky. 558, 31 S. W. 137, 29 L. R. A. 703, 53 Am. St. Rep. 422 ; State v. Van Beek, 87 Ia. 569, 54 N. W. 525, 19 L. R. A. 622, 43 Am. St. Rep. 397 (where naturalization intervened after election and before induction). That the election is the test, see Roane v. Matthews, 75 Miss. 94, 21 South. 665 ; State v. Lake, 16 R. I. 511, 17 Atl. 552. Where residence in a district was required, it was held, that this qualification must exist at the time of election ; State v. Holman, 58 Minn. 219, 59 N. W. 1006.
The tenure of office is never more per manent than during good behavior ; 3 Kent 454 ; if not protected by the constitution, it may be changed by the legislature; Com. v. Weir, 165 Pa. 284, 30 Atl. 835 ; but its term cannot be extended when fixed by the constitution ; State v. Brewster, 44 Ohio St. 589, 9 N. E. 849. In England, servants of the crown, civil as well as military, except in special cases otherwise provided by law, hold their office only during the pleasure of the crown; [1896] 1 Q. B. 116, 121.
The right to appoint to a public office, when no term of office is fixed by law, car ries with it as an incident the absolute pow er of removal at any time, without notice or charges or hearing; State v. Archibald, 5 N. D. 359, 66 N. W. 234.