Reports of Cases Decided in the Supreme Court of the State of Indiana (Volume 169)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908. Excerpt: ... Sanderson v. State--169 Ind. 301. ances for specific items, or by a lump salary for all; and any one accepting such office takes it, cum onere, and impliedly undertakes to perform all the official acts there prescribed and that may be subsequently prescribed and imposed upon it by the legislature, without any compensation other than that granted by the statute. As said in Y eager v. Board, etc. (1884), 95 Ind. 427, 430: If the legislature imposes burdensome or unremunerative duties, he the officer must perform as required or resign the office. Such duties are official, and not particular services, under the Constitution, which cannot be required without just compensation. See, also, Falkenburgh v. Jones (1854), 5 Ind. 296; Bynum v. Board, etc. (1885), 100 Ind. 90; Board, etc., v. Gresham (1885), 101 Ind. 53. If it can be said that 23, supra, applies to public officers at all, or, that public office is a privilege (Ferner v. State 1898, 151 Ind. 247) the provision cannot be held to embrace the facts of this case because treasurers of cities of the first class and those of the fifth class are not of the same class, and do not have, or cannot therefore perform, duties identical in kind and extent. Section 3632, supra, is not obnoxious to the Constitution on the grounds claimed. We find no error. Judgment affirmed. Sanderson V. The State. No. 20.9.J2. Filed November 22, 1907. 1. Appeal.--Brief'k.--Waiver.--Points not discussed are waived, p. 303. 2. Homicide.--Evidence.--Inferences.--Question for Jury.--Where the evidence in a homicide case is of such character that it is capable ot two inferences--one of guilt, the other of innocence--the question of which inference bus been established, is for the jury. p. 310. 3. Appeal.--Weighing Evidence.--The Su...