VoL. 32] NOVEMBER TERM, 1877. 241 Allen vs. State of Atkansas. ALLEN VS. STATE OF ARKANSAS. OFFICIALS: Suspetisioh front (Ace when under inciictinent, etc. The act of Match tth, 1877, firoViding for the Ws0eittion Ttotn tiffite by tht Circuit Court of any county or township officer-, against whom a preseritment or an indictment is lodged in the Circuit CoUrt, until the charge is tried, is hot uncOnstitutional. APPEAL from Clay Circuit Court. Hon. L. L. MACK, Circuit Judge. Attorney General for the State. • EiletIsH, CH. J. t At the August Term,, 1877, of the Cirtuit COUrt Of Cla.y County, the prosecuting attorney filed a Moticin, it1 the haitie of. the State, to suspend from office until the next term, unless a trial could be sooner had, Edward M. Allen, the sheriff add collector of the county, because four bills . of indictment, therewith shown to the court, had been regularly returned into court and filed against him by the grand jury, numbered, etc., charging him with high crimes, felonies, incompetency and misdemeanors in office. The indictments, which were before the court on the hearing of the motion, are copied in the transcript. The first, charges him with ati assault with intent to coinmit murder. The second, with malfeasance in office, in failing to pay over $680.60, found to be due from him, as sheriff and. collector, to the county on settlement. The third, with incompetency in office, by reason of being habitually drunk. The fourth, with voluntarily permitting a prisoner committed to his custody to escape. The defendant seems to have been personally in court when the motion was presented, and aided by counsel in the hearing.. XXXII Ark.-16
SUPREME CaURT OF ARKANSAS, [Vat.. 32 Allen 'Stte 'of Arkansis. The several indictments baying been read to the court, and the premises considered, the court adjudged that the defendant be suspended from the further exercise of the functions and discharge of the duties of the office of sheriff and collector of the county, and from the enjoyment of the fees and emoluments thereof, until the next term of the court, unless a trial of defendant should be sooner had on each and every of Said indictments. The court also appointed a person to act as temporary sheriff and collector, until the Governor should fill the office, and required the defendant to turn over to the temporary officer, on his'entering into bond, etc.,. all writs, process, books, papers and moneys belonging to the office. The defendant excepted, and appealed to this court. No bill of exceptions 'was taken, and no particular questions of law reserved in the court below, and no brief has been filed for a.ppellant here. We suppose the appeal was taken with the view to have this court decide whether the court below had power to make the order of suspension, and whether it is regular on the face of the record. • By sec. 27, art. vii., of the Constitution : "The Circuit Court shall have jurisdiction, upon information, presentment or indictment, to remove any county or township officer from office, for incompetency, corruption, gross immorality, criminal conduct, malfeasance, misfeasance, or nonfeasance in office." We suppose that under this clause of the Constitution, no final judgment or order of removal would be made, until after trial and conviction on information, presentment or indictment. It is provided by the act of 9th March, 1877: "That whenever any presentment or indictment shall he filed in any Circuit Court in this State, against any county or township officer, for incompetency, corruption, gross immorality, criminal conduct
VOL. 321 NOVEMBER TERM, 1877. 243 Allen vs. State of Arkansas. amounting to a felony, malfeasance, misfeasance, or nonfeasance in office, such Circuit Court shall immediately order that such officer be suspended from his office until such presentment or indictment shall be tried : provided, such suspension shall not extend beyond the next term after the same shall be filed in such Circuit Court, unless the cause is continued on the application of the defendant. Sec. 1." By sec. 2, "Upon conviction of any such officer for any such offenses, a part of the sentence of the Circuit Court having jurisdiction, shall be to remove such officer from office, etc." Provision is also made by the act for filling the offices on removals, and for temporary appointments on suspensions, etc. Acts of 1877, p. 64. It was perhaps argued in the court below that this act is in conflict with the Constitution, becAuse it deprives the accused of the right to exercise the functions of his office by suspension, before he is tried and convicted ; in other words, punishes him before trial and judgment. The same objection might be urged to all statutes which provide for arresting men accused of crime, and depriving them bf liberty, before trial and conviction. Persons charged with crimes are often denied bail, br unable to give it when allowed, and are imprisoned before trial and conviction. Public policy requires this to be done for the due enforcement of penal laws. • Offices are not regarded in this country as grants or contracts, the obligation of which cannot be impaired, but rather as trusts or agencies of the public. They are within the power of the legislature, except so far As the Constitution may forbid interference with them. Coffin v. State ex rd. Norton, 7 Ind., 157. When an officer is indicted for crimes and misdemeanors in office, as in this case, it might be detrimental to the public to permit him to continue to exercise the functions of the office
244. SUPREME COURT OF ARKANSAS, [VoL. until tried and convicted-; a trial might be delayed during the whole teirn of his Office. 'It cannot be suPposed, that a grand jury of his county would make false acCusations against hitn through malice or prejudice.. Seeing; nO cle'ar ground on Which we can hold the act to be unconstitutional; and the oider of suspenSion appearing to be regular, the judgment must be affirmed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.