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


cles in public officers. The Cd section of
that act provides that "whenever any va
cancy shall occur in any such office when
the unexpifed term thereof shall have moro
than one year to run, j; shall be the duty
Of the Governor when notified OF such va.
cancy or vacancies, 10 issue writ or wr;s
Of election, requiring an election be held
to fill the unexpired term Of said Office, in
the particular district or in The state az
the case may be, ichich election shall be held
in The crsc Of filling pocancy in the office
Of a district officer on thirty days notice.
and in the case ofa state or general officer
in sirty days notice: Provided however
that the Governor Of the State may make
a temporary appointment 10 any Office q
vacancy in which occurs 10 have effect
|knd be IN force until the election so order
ed by him, shall have been held, and the
successor or person elected TO the office bc
duly qualified 10 the manner prescribed in
| this ACT" 1t will be seen that the law
does not prescribe the time at which the
Governor shall reqnlIe the election to ill
the vacancy 10 be held. He is not requir-
ed 10 give notice of the election. That
duty by the laws of the land deyolves upon
the Sheriff, and in case Of vacancy in Il
District Office, he is required to give thir-
ty days notice. The net leaves il disrre-
iionary with the Executive, in issuing his
~rls to I'LL vacancy, to require the sher-
if to holdlhe election at such time as he
may ihirk proper. II the VIII, must in
all cases require the election to be held
exactly thirty days after the reception Of
J notice Of vacancy, the election might
T come on the Sabbath day. In no case
would il be possible for the Sheriff to give
thirty days notice of the election, aud
, when vacancies occur in remote sections
of tn State, destitute in great manner Of
mail facilities, it would often happen thar
/ the writ Of election would no, be received
| by the sheriff until after the period had
elapsed, Mt which he was required TO hold
the election Ia 1888, ! generally issued
wrts to fill vacancies, requiring tho cleo
ton to be held on the first Monday and
following Of November, Of that year I
pursued this course invaribly in $780,
In Janunrv Of that rear issued wriis
requiring the Sheriff Of the 5th iadicial
d'slrc, to hold an election for Judge Of
Tint district on the first Monday and day
following Of November to fill the vacancy
accustomed bv the demise of the Honora.
il bic Thomas +. Sterling, and commission
ed The Hon. Henry Monoger to ill tho
vacancy. In February 1880. l pursued
The same course in relation to vacancy
in the office ofdistrict Attorney Of the 9th
, Judicial District. Judge Walker re-.
signed his office on The 10ihof June 1870
and c. C. Gage, ESQ.,, the office Of district
J, Attorney in August 1895. Elections
we're ordered to fill both Of said vacancies
on tie days Of The last general election.
II About the commencement OF the present
session Of the Legislature, l received no.
tice Of the decease of Judge Pray. ! in
tended to order the election to fill that va.
S cancv or the frs, Monday and day follow
/, ing in November rext, but understanding
i that several geilemen Of the Bar in whose
] opinion hadcop6dence. differed with me
/, in relation TO my power to make an Exec.
s u,ive appointment TO ill The vacancy.
ordered the election to be held on the 10Th
o day ofFebruary 1S40,knowing that many
IS cases ofnovelty and magnitude would be
+. decided at The present term Of the High
,e Court Of Errors and Appeals, ] was..desi-
4. rons that no doubts should rest upon The
minds If any MS TO the constitutional or
gnn,zation Of the court The notice how
lever has been 40 short, that not one hal
of the voters Of The District will attent
the Polls, great number will not be awar
n that such ain election isto be held.
Lam well satisfied that The people d,
not desire 10 be continually called fror
their business to attend special election.
t-have therefore resolved to order cleo
lions to fill vacancies in district and Stat
% Offices on the first Monday and day fol
nc lowing in each year. The election. q
t. Electors for President and Vice Presideu
N ofthe United States viii take place O
as the first Monday in November. next
IS There will he full turn out Of the voter
re Of the whole state; fair expression
a. public opinion will be ensured in the elet
v ton Of State and district officers, and IN
10 heavy expense attended on special ele,
~ lions will he saved. eS.
y Andrew Hays, Esq, was Prosecute
IS Attorney in the Nashville District TIE,
We nessee for about dozen years: he is EN-
%. nen,ly qualified. for the Office have A