Summary
In Haden v. Hamm, 161 Va. 934, 172 S.E. 891, decided on the same day as Lipscomb v. Nuckols, supra, we upheld the termination of the office of an incumbent treasurer before the expiration of his term fixed by the Constitution, after a majority of the voters of the county had voted to change the existing form of county government to the county executive form.
Summary of this case from Walker v. MassieOpinion
36675
February 26, 1934
Present, All the Justices
COUNTIES — Executive Form of Government — Abolition of Office of County Treasurer — Mandamus — Case at Bar. — The instant case was an original petition for mandamus in the Supreme Court of Appeals brought by the director of finance of a county against the former county treasurer, demanding that the former county treasurer turn over and surrender to the director of finance all the property of the county in his possession, including books, official records, papers, vouchers, cash, etc. The former county treasurer declined to comply with this demand, on the ground that his term of office was fixed by the Constitution, and that the legislature was prohibited from providing any form of organization and government for the county which would result in the abolition of his office before his term expired. Under the county executive form of government the office of county treasurer is abolished and his duties transferred to the office of director of finance.
Held: That the abolition of the office of an incumbent county treasurer before the expiration of his term fixed by the Constitution is authorized by Constitution of 1902, as amended in 1928, sections 110 and 112, Acts 1932, chapter 368, and therefore mandamus to the county treasurer should be granted.
Original application for mandamus.
Mandamus awarded.
The opinion states the case.
John S. Graves and George Gilmer, for the petitioner.
Allen, Walsh Waddell, for the respondent.
H. A. Haden, director of finance of Albemarle county, filed his original petition for mandamus in this court, alleging that, pursuant to chapter 368 of the Acts of 1932, a special election was held May 2, 1933, when a majority of the voters of Albemarle county participating in the election voted to change the existing form of county government to the "county executive form;" that subsequently, to-wit, at the regular November election in 1933, the electors of the county elected a "county board of supervisors," who duly qualified and on January 1, 1934, assumed the duties of the office; that this board, at a regular meeting, organized, and appointed H. A. Haden county executive and director of finance for Albemarle county, who duly qualified by taking the oath of office and giving the required bond.
Under the county executive form of government, the office of county treasurer is abolished and his duties transferred to the office of director of finance. H. A. Haden, in his official capacity, demanded that G. Stuart Hamm, who, under the old form of county government, was elected treasurer for a four years' term, beginning January 1, 1932, turn over and surrender to him all the property of the county in his possession, including books, official records, papers, vouchers, cash, and other insignia of office. G. Stuart Hamm declined to comply with this demand, on the ground that his term of office was fixed by the Constitution, and that the legislature was prohibited from providing any form of organization and government for the county of Albemarle which would result in the abolition of his office before his term expired.
This question involves the construction of sections 110 and 112 of the Constitution, which were construed in an opinion this day announced in P. Pryor Lipscomb and others v. O. N. Nuckols and others, post, page 936, 172 S.E. 886.
For the reasons there stated, the Mandamus is awarded.