Page:Federal Reporter, 1st Series, Volume 5.djvu/922

 910 ���7EDEBAL BBFOBTER. ���when they concem the public or the rights of third persons, as though they were officers de jure. The affaira of society cannot be carried on upon any other principle. * * * It will be observed that the cases do not go upon the ground that the claim by an individual to be a publie officer, and his acting as such, is merely prima fade evidence that he is an ofScer de jure, but the principle they establish is this : that an individual coming into office by color of an election or appointment is an officer de facto, and his acts in relation to the public or third persons are valid until he is removed, although it be conceded that his election or appointment was illegal. His title shall not be inquired into. The mere claim tô be a public officer, and the performance of a single or even a number of acts in that oharacter, would not perhaps con- stitute an individual an officer de facto. There must be some color of an election or appointment, or an exercise of the office, and an acquiescence on the part of the public for a length of time, which would afford a strong presumption of atleast a colorable election or appointment." �In Peopie v. White, 24 Wend. 539, Mr. Ghancellor Wal- •worth said : "An officer de facto is onë who cornes into a legal and constitutional office by color of a legal appointment or election to that office; and, as the duties of the office must be disoharged by some one for the benefit of the public, the law does not require third persons, at their peril, to ascer- tàin whether such officer bas been properly elected or ap- pointed before they submit themselves to his, authority, or call upon him to perform officiai acts which it is necessary should be performed. Thus, for instance, the constitution requires that the justices of the supreme court shall be appointed by the governor, with the advice and consent of the senate; but if, either intentionally or from inadvertence, the governor ehould appoint and commission an individual as one of the justices of that court without having previously nominated him to the senate and obtained the consent of that body, and the person thus appointed should take upon himself the duties of that office, he would be a judge of the supreme ����