Commissionaire

“ The commission shall elect annually a chairman from its own members. It shall have the power and authority to employ experts, clerks, and a secretary, and to pay for their services and such other expenses as may be necessary and proper, not exceeding, in all, the annual appropriation that may be made by said city or village for said commission. The body creating the commission shall by ordinance or resolution provide what compensation if any, each of such commissioners shall receive for his services as such commissioner. ”

“ The necessity of a living, central, permanent authority had been rendered obvious by the disastrous working of the old system, arising partly from the absence of such control—an authority accumulating experience in itself, independent of local control, uninterested in favour of local abuse, and responsible to the Government. A Board of three Commissioners was therefore appointed under the Act, themselves appointing assistant Commissioners, capable of receiving the powers of the Commission by delegation. ”

“ The commissioners are generally empowered to conduct the District's business. They have the power to subpoena witnesses and to administer oaths in investigating District affairs, Tenn.Code Ann. § 6-2616 (5) (1955) , and they serve for only nominal compensation. Tenn.Code Ann. § 6-2615 (Supp.1970) . Plainly, commissioners who are beholden to an elected public official for their appointment, and are subject to removal procedures applicable to all public officials, qualify as 'individuals who are responsible to public officials or to the general electorate' within the Board's test. ”

“ Your Committee are deeply sensible of the consideration due to the persons whose property is invested in the funds of these Trusts, as well as to those who now act as Commissioners. They are perfectly aware of the jealousy with which the House may view any proposition for the creation of new offices of patronage and profit; and they do not disguise their conviction, that it will be found expedient to remunerate those efficient Commissioners who are expected to devote their time to the performance of active duties. ”

“ The power of a commissioner, therefore, is judicial in the highest sense,—in the sense of the constitution. His decision cannot be reheard or reëxamined by any judge, or by any court, of any state, or of the United States. In no other case can a commissioner perform any judicial act, or issue any executive order, whose validity may not be reëxamined in the court for which he acts, or in some other. He cannot strike a blow, nor fine a dollar, nor punish by imprisonment for an hour. ”

“ One commissioner shall be named by His Majesty and one by the President of the United States, by and with the advice and consent of the Senate thereof, and the said two commissioners shall agree on the choice of a third, or, if they can not so agree, they shall each propose one person, and of the two names so proposed one shall be drawn by lot in the presence of the two original commissioners ”

“ The reason why this small body can administer with dispatch and efficiency is seen at a glance. Each commissioner is the head of a department for which he is personally responsible. He is not hindered as is the executive at present by an inefficient and meddling council which has more power, often, than the executive himself. He knows the laws for he has helped to make them. It is his business to see that they are executed, and if they are not, he cannot escape blame. He cannot plead ignorance, lack of responsibility, or lack of power as do present administrative officers. ”

“ A commissioner, appointed by the President and Senate, was to control the Bureau, with an office force not exceeding ten clerks. The President might also appoint commissioners in the seceded states, and to all these offices military officials might be detailed at regular pay. ”

“ A commission for the administration of executive business, like the Civil Service Commission, is a very different thing from a committee endowed with discretion to pass upon the interests of free and equal citizens, not being itself either executive, legislative, or judicial. Such a body will inevitably become the engine of either one interest or another against the rest, or sink into nonentity. Such a commission lacks all the guarantees of justice and of correct civil action which we have established around our legislative, judicial, and executive institutions. ”

“ The appointment is the sole act of the President; the transmission of the commission is the sole act of the officer to whom that duty is assigned, and may be accelerated or retarded by circumstances which can have no influence on the appointment. A commission is transmitted to a person already appointed, not to a person to be appointed or not, as the letter enclosing the commission should happen to get into the post office and reach him in safety, or to miscarry. ”

“ He is but an agent of the commissioner, appointed by him, and removable by him at his pleasure, to procure information needed to aid in the performance of his own official duties. He may appoint one or a dozen persons to do the same thing. ”

“ Every Movement on the Side of the Commissioners & the Assembly must be important. I trust no Concessions will be made on your part which shall have the remotest tendency to fix a precedent; for if it is once establishd, a thousand Commissions of the like arbitrary kind may be introducd to the utter ruin of your free Constitution. The promoters of ministerial measures in this Town are pleasd to hear from one of the Commissioners that they are treated with great respect: Even common Civility will be thus colourd to serve the great purpose. ”

“ No more than three commissioners may be appointed from the same political party, and the President has the power to remove any commissioner for inefficiency, neglect of duty or malfeasance in office. Authority is given to the commission to inquire into the management of the business of all common carriers subject to the provisions of the act and to require the attendance of witnesses and to invoke the aid of any court of the United States for that purpose. ”

“ Each province has at its head a Royal Commissioner who has extensive powers, but who holds office at the pleasure of the king, though in the first instance his appointment is generally for some definite period. The Commissioners are not simply responsible for the good government, or for the collection of the taxes in the district under their charge, but they are intended to form connecting links between the central and the outlying portions of the kingdom. ”

“ The commissioners should, of course, keep sufficiently familiar with the work to intelligently pass upon all questions brought before them at their meetings, but they should not individually direct work nor give orders. ”

“ The Commissioner of the General Land Office exercises a general superintendence over the subordinate officers of his department, and is clothed with liberal powers of control, to be exercised for the purposes of justice, and to prevent the consequences of inadvertence, irregularity, mistake, and fraud, in the important and extensive operations of that officer for the disposal of the public domain. ”

“ Commissioners never ignore financiers. There came into the Commissioner’s manner as the dinner progressed, something more deferential than the mere civility of a guest to a host, something which implied his acceptance of Mr. Collingwood as a man to be considered. ”

“ The commissioners, acting under these disadvantages, have done all that lay in their power to accomplish the greatest practicable extent of work, and have obtained many results which can not but be important in the examination of the vexed and important question which has been committed to them ”

“ Now I think we had better go to-morrow and see Broek, and also Saandam, and I am going to take a commissioner."
Mr. George had employed a commissioner once before, as the reader will perhaps recollect, namely, at the Hague; and perhaps I ought to stop here a moment to explain more fully what a commissioner is. He is a servant hired by the day to conduct strangers about the town where they reside, and about the environs, if necessary, to show them what there is that is curious and wonderful there. ”

“ The Commissioner—often wrongly described as the Chief Commissioner—is appointed by the Crown on the recommendation of the Home Secretary, and has wide, almost autocratic powers. It is an Imperial force which has duties apart from the care of London. ”

“ The writer, after dwelling on the unexampled powers that the commissioners enjoy, remarks that they are not likely to be abused, because a commissioner’s prospect of future employment in this profitable capacity depends on his character for integrity and justice. ”

“ And I doubt whether anything else would be more calculated to keep politics permanently away from it than, in conjunction with the extension of the civil service rules over all the inferior places, the establishment of a rule making only engineers of good standing eligible to the office of commissioner.
It may also be objected that a thoroughly upright and very able business man, not a professional engineer, may sometimes be found to fill quite successfully the office of commissioner of public works. ”

“ Such commissioner shall devote his entire time to the duties of the office, and shall not hold any position of trust or profit, engage in any occupation or business interfering with or inconsistent with his duties, or serve on or under any political committee or as manager of any political campaign for any candidate or party. ”

“ No supernumerary commissioner shall be appointed without being examined, and giving bonds for the administration of his office. No dependent or member of a household of our said president and auditors may be appointed to such commissionership, under penalty that the clerk appointed contrary to this ordinance shall lose all fees and salary for the time during which he shall occupy himself with the commissionership. ”

“ The commissioner is usually an officer in what may be called the prime of Indian official life, about forty years of age, and of about twenty years’ standing in his service. He is usually selected by Government from the executive officers known as collector-magistrates of districts, and the selection not unfrequently causes considerable jealousy and dissatisfaction, especially if the selected commissioner happens to be junior to any of the collector-magistrates in the division to which he is appointed. The commissioner is the local representative of Government in his own division. ”

“ The Commissioner's suggestions in reference to the propriety of consolidating into one statute the principal features of the pre-emption and homestead laws, are, in my judgment, specially worthy of the attention of Congress. The necessity of a re-organization of the clerical force in his office, and of vesting him with authority to appoint special agents who shall bring the subordinate land-officers more immediately under his supervision, is clearly and forcibly stated, and the matter will, I earnestly hope, receive the early and favorable action of Congress. ”

“ The commissioners were public agents, clothed with public authority. They were created a board to perform a governmental function, and it is a familiar principle that an authority given to several for public purposes may be executed by a majority of their number. ”

“ This commission ought to be composed in part of graduates of West Point, in part of captains of police in sympathy with the work, the police commissioner, and one or two civilians, of whom one at least should be a lawyer thoroughly versed in municipal affairs. There is an old adage that, "A commission is a noun of multitude which may signify many, but seldom signifying much;" but we have equally good authority that, "In a multitude of counselors is safety." ”

“ The Commissioners had the power of electing themselves, every vacancy being filled as it occurred by those who remained, and, as the Act of 1828 increased their number to no less than 89, perhaps some little excuse may be made for the would-be leading men of the day who were left out in the cold. ”

“ He has plenty of energy, a cool head, experience in public affairs, and may be expected to do all that can be done with the powers of his new office, the value of which must depend much on the character of the Commissioner and the support and direction of the Secretary and of the President. ”

“ The executive and Senate act on the construction, that until delivery from the executive department, a commission is in their possession, and within their rightful power; and in cases of commissions not revocable at will, where, after the Senate's approbation and the President's signing and sealing, new information of the unfitness of the person has come to hand before the delivery of the commission, new nominations have been made and approved, and new commissions have issued. ”

“ Unfortunately the Governor, who has to appoint this Commissioner, and the Senate, which has to confirm the nomination, could not agree upon a suitable person, and the law, which, if the right man be chosen for the responsible position, has great advantages, did not go into effect. ”

“ Various powers in relation to charities have also by Act of Parliament been given to Charity Commissioners, whose records are also under the charge and superintendence of the Master of the Rolls.
The idea of a Commission as old as Domesday Book. The original idea of a commission, however, is as old as the oldest of the public records. A commission was, in principle, the delegation of an authority to certain persons for the performance of some particular duty, usually within a limited time. From the idea of a temporary Commission was developed the idea of a renewable or permanent Commission. ”