Lexington union. (Lexington, Miss.) 1838-18??, 1840-05-30

State; as the case may be, which election 7
shall be held in the case Of filling any va
cancy 10 the Office of district officer in
thirty days notice, and in the case of
Safe or general officer, ON sixty days no
tlce:-Prorided ho,cerer, thai the Govern
or Of the State may make temporary
appointment to any Office, vacancy in
which occurs, TO hare effect and be in force
until the election so ordered by him shall
hare been had, and The successor or person
elected to the office be duly qualified in the
manner prescribed By this act" The con.
vention that formed the Constitution did
no, pretend to designate the manner in
which vacancies 10 public Offices should
be filled, except in the cases Of Governor
ard Judges of the High court Of Errors
and appeals. The Legislature was cloth
ed with the sole power Of prescribing by
law how vacancies not provided for III
the Constitution should be filled. When
| vacancies occur in State or District Of
flce by death, removal, resignation or 9TH
cruise, the Governor is required by law
when the uneXpired term is more than
one year, TO "issue wriis OF election TO be
belt to fill the unexpired term of said
Office, u -" which election shall be held
in tine case of filling my vacancy in the
Office OF District office on thirty DAYS
notice, and. in the case Of State or gen
eral officer on sixty days notice Prov.
ded, however, that the Governor OF the
State may make temporary appointment
to any officer vacancy in which occurs,
to hare effect and he in force until the cleo
ton so ordered By him, shall hare been held
and the successor or person to the office
be elected duly qualified in the manner pre-
scribed By the act.'' |, will be seen that
the Executive is only required to issue
wri's Of election ordering an election to
| fill the vacancy and to make temporary
appointment. He is not required to ,gire
notice Of the time and place Of holding The
election. That duty devolves by law up.
on the sheriff. The Legislature never
Intended TO restrict the Executive TO thir-
tv DAYS, in ordering an election for dis.
trict oficer.-Should DEMONSTRATION of
the Constitution prevail, it would in a
majority of cases be impossible for the
great mass of voters TO be advised that an
election was ordered, and few persons
residing near the precincts would control
the result in all specia. eIections.s., But
it is said that inasmuch as the officers of
Judge and district Attorney has never
been filled, there can be no unexpired
term. Ii the Executive cannot make
temporary appointments to fill The vacan-
cIes in those Offices, he is unauthorized 20
issue writs of election requiring elections
10 DO held to Gil the vacancies in that
> district. No courts could be held in the
FenilI and Eleventh Judicial Districts
until November 1871; Notwithstanding
the Constitution expressly requires that
"a Circuit court shall be held in each
county ofthls State at least twice in each
year" Writers, upon Government all
concur in axiom that any construction
j upon Constitution which would lead tc
( dissolution Of The Government, Or sns
/ pension of the operations Of any depart
) ment thereof is not to be entertained. AL
E The vlr;ous clauses OF the constitution
Z must be considered together, and The con
. struction which makes them all harmo
S nize and effect The object intended by tn,
n people in inforfning the Constitution
' should certainly prevail. Verbal crit
: sisms Of particular sections, without refer
d ence 10 others has caused many TO be
G lieve that our State Government must ne
: cessarlly be dissolved every two yesrs. =
G 1t has beer COMMENDED that The term of Of
r flee of The Judge and District Attorney q
A the tenth Judicial district commenced o,
:. thepassage Of the law creating the district
n II Is true that the Constitution does nc
.. exp essly provide when tic Judge an
II district Attorneys shall be elected. TIL
" sixlhSection Of the Constitution provide
% that Representatives shall be chosen CIV
cry two years on the first Monday an
i. day following IN November TIL
H latter clause of the fifth section {
l. the Schedule to the Constitution provide
IS that the Legislature "shaI At their fir.
r. session order an election TO lie held 10 c,
u. cry county IN this State, on the FIRST Nor
b. day in May and day following, eightee
Or hundred and thirty three, fer all state an
a. county officers under this constitute
ID (members If the Legislature excepted
at and The "ffiters then elected shall cont,
~ le in Office uhGl the succeeding gcner,
u. election and after, 10 the same manner ;
r. il the election had taken pace at the iin
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