Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1841-10-30
Executive Department.


direct the mann. "a which the election Is 10 be
held, tho returns thereof made, aud the bonds Of
the offices then elected, executed and approved.
Different opiu.ous prevail as to the expiration Of
the terms OF Office Of the Judges and District A..
Iorusys, elected 10 I'll vacancies occasroned bv
death, removal, resignation, and the creation Of
new Judicial Di.Hcts--also, in relation 10 the
tenure Of he Offices Of county officer. elected
under the same circumstances.
The lth section Of The 4h article uf the Con.
slitution provides that The Judges Of The CIR
cut Court shall be elected By the qualified cleo
tots OF each Judicial Dlsuict, and hold their Off
ces for lie term Of four years, and reside ii their
respective dlstncts,' The 10Th section specifics
that"ihoIe shall be an Attorney General elected
by tie qualified electors # the State; aud a com-
peicu number o. District Attorneys shall be eitc-
ted by the qualified voters Of their respective DIS
t,cls, whose compensation and term Of service
shall be prescribed by law. The law pre- .crbes
that those officers shall be elected FOR The term Of
four years, The 2Jh section Of the same article
provides That the The qualified electors Of each
coapty shall elect five persons, lor he term Of two
yeafs, who shaa constitute Board Of Police fu
each county q malor'y of whom may transact
business And the 23rd sccton Directs that 81
competent number Of justices Of he Peace aud
| Consiables shall be chosen in each county by the
qualified electors thereof by districts, who shall
hold lhclr Offices for tho tenn Of two ycars."--
The Constitution and laws require all other eoun-
" officers to be elected for the term Of two
| years
The Consulon further prescribcs that All
| vacancies not provided for IN the Constitution,
| shall be filled in such manner as tie Legislature
| nay prescribe" The schedule Of the Conslita.
ton provides that the first election for al State
and county officers under tho Constitution lmcm.
beTs Of The Legislature excepted,) shall be heidi
1.-THE first Monday, and day following IN May,
1880; "and the officers then elected, shall continue
IN office, until the succeeding general election, and
after, IN the same manner rs if the election had
taken place at the time last aforesaid" The sue.
ceedng general election took place on the FIST
| Monday, and day following IN November. 1898.
| The I'd section OF the act "prescrbIng the man
uer Of filing vacancies III the public officers" pro-
| vldes "lho' when any vacancy shall occHr in any
State Office, &c. when the unexplred term thereof
| shall have more than one year, to run il shall be
the duty of the Governor, &c. to issue wrlts Of
election requiring an election TO be held to fiji the
unexpred term Of said Office &c, and IN the
case Of a State officer, 10 give sixty days notice.
| The clause quoted from tho schedule the
| Constitution, clearly indicates that il was the in
tenlon Of the trainers Of the Constitution, that all
State Officers, Judges, District Attorneys, and all
| County otliccs, should be elected al a general
biennial election. The act of 1923 provides for
| hlluo al ,,,l
! s'gnaon, or otherwise. The term or otherwise,
| clearly embraces vacancies occasioned in the
| Offices Of Judges and District Attorneys, by the
| creation Of new Judicial Districts, and vacancies
in County Offices, occasone d by The creation Of
| new Counties, new Districts, and new Offices, -
| AT the period Of the adoption Of the revised Con
slltution in 1882, there were but four Judicial
Districts. Seven Districts have been created
since that period, and in no instance were tho
Judges and District Attorneys oi the new Districts
| first elected ut General Election. II the cen.
strucllon Of the Constitution prevails, that Judges
and District Attotnies, elected to ill vacancies
oceasioncd by the creation Of New Districts, hold
their Offices Ior four years, aud County Officers,
elected TO t'l vacancies occasonsd by the crea.
ton Of new Counties, Districts, aud Offices, hold
their Offices for two years, the intention of the ira
mers Of the Constitution would be deieuled--but
very few officers would be elected a, the General
| Elections and elections, instead Ct being biennial
would be weekly.
| The Constitution oflhe United States rrcscribes,
that members Of The House shall he elected Tor rWo
years; yet, when new state is admitted hto The
| lnen, the member elected only holds his Office or
| the uutN pred. tenn al that k7ngress Arkansas and
/ n t,.y. -.s., E..3 d. a
! terms members d the HOUSE, from those States
! expired Oh the 81 oNarch 1887, rhe clause OF he
Constitution o. the United States in relation 10 tho
| election Of members OF kongress is analogous 10
that OF this Slae,n relation 10 The election Of Judges
aud The same construction should prevail
| The Wris lI The election ol.Judge ana District
Attorney of the Sth judicial Dsriet,wtrc TO iIl the
vacancies oecasloned hy the resignation ollhe Hon
| Frederick w. HuGu4ard blythe death Of Solomon
Il; lsaacs, ESQ, The commissions ol Judge llulmr,
an Of the District Attorney, Mr. Wilson, dated No.
vember 3uth 1880, AMI December lst, lsa0, eX-
pressly sci forth that they wcje elected 10 hl said
vacancies, and ouihouzes them 10 exercise and per-
form HE duties Of their respective offices for the
| term prescribed BY iatc (hc unexpirod term, com.
megcpg IN November, $3.50 and not Tor the term
presented by the constitution,
The lpth and llih judicial Districts were created
| nthe year 1910. The writs objection Ia each OF
those DISTRICTS specified that tbe elections were 10
be held to TIL tic vacancies in the Offices Of judnes
and District Attorneys iusaG Districts octaS.oned
hy the creation thereof. The Judges and District
Attorneys IN each olthoSe Districts were eltctedm
pursuance 81 the command Of lie wriis~uf election,
10 oil the vacancies occasioned BY the creation Of
those Dsltlcts; and Judges Fitch and krawiord,
aad the District Attorneys Perry and Smith, were
al commissioned for The term prescribed by iatc ia
| wit: the act OF 1853
lam, therefore, clearly Of the opinion that the
terms oil all the Judges Of the Krcult coots OF all
tie District Attorneys, and oleaeh aud eytry coun.
~ Officer expires next November and that an eltc,
ton must be held, on the first Monday and day lo.
lowing, IN November next, for Judge and Dtslrct
Attorney for each OF the eleven judicial Districts u
the State Ell Mississippi as well as Tor all county
officers.