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

ne citizens OF The district generally, ana
lmost unanimously, desire the election to
70 brought on as soon as the necessary
'otice can be given for holding the cleo
ion. We therefore respectfully request
,our Eyccl|ency to issue writs Of election,
md order the same 10 be held, as soon as
he requisite notice can be given and your
petitioners as in duty, &c. tSigned by) /
ROBERT COOK.
md one hundred and eighty three other
respectable citizens of the Tenth Judicial |
District.
Executive Department,
City of jackson, May IL, 1910.
SIR-l received in due season and have
considered the petition signed
by yourself and 35 other members Of the
Bar Of the 10Th Judicial District, suggest
ing the doubts as to my Constitutional
right to appoint Judge acd District At
torney Of the 10Th Judicial District, and
me 10 revoke the order reqnlr-
ing an election 10 be held on the first Mon
dav and dav following in November next,
for these offices and 10 order the election
tn lie held either on the 4th Monday IN
May or the lst Monday in September lS40,
to FIJI the vacancies in those offices.
have also received Petition signed
by 1873 Citizens of that District, stating
that "great doubt exists in relation to The
legality OF the appointment OF Judge
and District Attorney by the Executive
for that District, and lhsy believe thn, the
citizens generally and almos. unanimously
desire the election to be brought on as
soon as the necessary notice can be Civ
en-" The high respect entertain for the
legal opinions Of the gcnlsmen oflhe Ban
of that district, as well as the great i'm
portance of arriving at a correct conclu.
sion on the question brought TO my notice.
has induced me to re.examine the Consi.
tuition and Laws Of the state in relation TO
the power and duties Of the Executive.
The 10th und llih Judicial Districts
were enacted by an act Of the Legislature
approved February 10Th 1910. That ACT
is silent rs to the time when election shall
be held in those districts, and does no,
prescribe how vacancies accruing in the
offices Of Judge and District Attorney
should be 6I,ed. The 9Th section of the
act ioreorganize the Judicial districts and
to abolish the criminal court simply pro-.
|vides, "that the Governor shall issue writs
Of election as provided by law, for the el-c.
ton ofJudge Of he 10th and llth Judicial
districts, and for the election of District
Attorneys, phererer the same is requisite"
The law referred to in that section is the
act Of 1888 providing for the filling OF
vacancies.
The eleventh section Of the fourth arti-
Gle OF the Constitution provides that "the
Judges Of the Circuit court shall he elect.
ed by the qualified electors ofeach judicial
district, and hold their Offices for the tern
of four years and reside in their respective
districts" The 18th section requires
that 'lhe State shall be divided into con
venient districts, and each district sha,
contain not less than three nor more thar
twelve Countless" and the 18th section o
the same article prescribes that ga Circui
court shall be held in each county Of lhi'
State at least twice in each year."-Th'
Conslitutionality of the act establishing
the 10Th judicial district is not questioned
| am surprised however to learn that it j
commended that there were no vacancies il
the offices Of Judge and District Atturne,
, Of the 10Th Judicial district, which the Elk
ecutive was authorized to fill. The wor
vacancy is defined to be an empty spac
space untitled. state Of post or employ
ment when it is unsupplied, &c. tn
;. term does not ptesuppose that the space O
: post should ever have been occupied
: house may be vacant, although never oc
cupipd. Land is said to be vacant whe
! unsold by The Government. 1t is lher'
: fore very clear that vacancies occurred
! tho offices If Judge and District Aitorne
of the 10Th district when the law creaiu
J that district vent into effect.
: The thirteenth section of the fifth art
: Gle Of the constitution provides that a
vacancies not provided for in tbs Cons'
: tuition shall be filled in such manner ,
the Legislature may prescribe" Toca
airy into effect this clause Of the Conslit
J ton the Legislature on tho 9th Of Fe
8 ruary 1888, passed an &C, to provide f
. and prescribe the manner Of filling v
cancies IN public Offices. The secon
section Of that act. is as follows, tn
!. when any vacancy shall occur in az
|! state office in this state BY death, resign
= ton, removal or otherwise alter the gene