That the statute leads to an unambiguous reading is probably nowhere better
stated than in Walton v. Hicks, (8) where the Court ruled:
This statute is emphatic and unequivocal. It does not seem possible that it can be misunderstood. In case a person appointed to office neglects to file his official oath within 15 [now 30] days after notice of appointment or within 15 [now 30] days after the commencement of the term of office, the office becomes vacant ipso facto. That is all there is to it. No judicial procedure is necessary; no notice is necessary; nothing is necessary. The office is vacant, as much so as though the appointee were dead; there is no incumbent, and the vacancy may be filled by the proper appointive power .
......
The obligation imposed by the Public Officers Law statute is personal
to plaintiff, it is an act he is required to do and the office became
vacant by the mere failure to file the oath, whether or not the
defendants knew or were chargeable with notice that plaintiff had
failed to file his oath, and they are not required to make any
declaration or give any notice. On his default in' filing his official oath
"the appointment was vitiated and the office * * * became vacant"[citing Ginsberg v. City of Long Beach, 286 N.Y. 400, 36 N.E.2d 637;
and also People ex reI. Walton v. Hicks, infra].
............
Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401 (1958)
Note: Any judge who does not comply with his oath to the Constitution of the
United States wars against that Constitution and engages in acts in violation
of the supreme law of the land. The judge is engaged in acts of treason.
The U.S. Supreme Court has stated that "no state legislator or executive or
judicial officer can war against the Constitution without violating his undertaking
to support it".
See also In Re Sawyer, 124 U.S. 200 (188);U.S. v. Will, 449 U.S. 200, 216, 101 S. Ct. 471, 66 L. Ed. 2d 392, 406 (1980);
Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L. Ed 257 (1821)
That the statute leads to an unambiguous reading is probably nowhere better stated than in Walton v. Hicks, (8) where the Court ruled:
This statute is emphatic and unequivocal. It does not seem possible that it can be misunderstood. In case a person appointed to office neglects to file his official oath within 15 [now 30] days after notice of appointment or within 15 [now 30] days after the commencement of the term of office, the office becomes vacant ipso facto. That is all there is to it. No judicial procedure is necessary; no notice is necessary; nothing is necessary. The office is vacant, as much so as though the appointee were dead; there is no incumbent, and the vacancy may be filled by the proper appointive power .
......
The obligation imposed by the Public Officers Law statute is personal to plaintiff, it is an act he is required to do and the office became vacant by the mere failure to file the oath, whether or not the defendants knew or were chargeable with notice that plaintiff had failed to file his oath, and they are not required to make any declaration or give any notice. On his default in' filing his official oath "the appointment was vitiated and the office * * * became vacant" [citing Ginsberg v. City of Long Beach, 286 N.Y. 400, 36 N.E.2d 637; and also People ex reI. Walton v. Hicks, infra].
............
Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401 (1958) Note: Any judge who does not comply with his oath to the Constitution of the United States wars against that Constitution and engages in acts in violation of the supreme law of the land. The judge is engaged in acts of treason. The U.S. Supreme Court has stated that "no state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it". See also In Re Sawyer, 124 U.S. 200 (188); U.S. v. Will, 449 U.S. 200, 216, 101 S. Ct. 471, 66 L. Ed. 2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L. Ed 257 (1821)
Thank you so much for this. I am getting ready to file another complaint, and I will be adding this to the complaint!