1. That the offender is a public officer;
2. That a proceeding is pending before such public officer;
3. That there is a question brought before the
proper authority regarding his jurisdiction, which is
not yet decided;
4. That he has been lawfully required to refrain from
continuing the proceeding; and
5. That he continues the proceeding.
The disobedient officer is liable even if the jurisdictional
question is resolved in his favor.