Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1841-10-23
EXecutiVe Department.

laws ne idiNNuNY fRttuiFb hafNs ia'iF o''t
thought proper to ADVISE YOU shat Olhrrf- arr %.
be elected az The next General ElscuoH, and 10
direct The manner 10 Which The election is 10 b,
held, the returns thereof msde and The bonds Of
The officers then elected, executed and approved.
Different opinions prevail as to tue expiration Of
the trims Of on e Of the Judges and DISTRICT A..
iorneys, elected 10 lill vacancies ocrastuHed by
death, removal resignation, aud The creation 81
new judicial D,.trcI.--nlso, IN relation to The
tenure Of the ofiices Of county officers elected
under the same chromosomes.
The ] lih SECTION OF the 4th article Of the Con.
sntuon provides that THE Judges OF ihs CIR.
cut Court shall be elected by the qualified cleo.
tors OF each judicial D,.nIct, and hold her Off
ces for the term OF lour years, and reside in then
respective dsircts.p The 25h section specifies
that There shall be an Attorney General elected
by the qualified elet tors f HE State; and com
peenl number Of Dlsulc, Attorneys shall be eec-
ted by the qualified voters OF their respective DIS
q lets, whose compensation and term Of service
shall be prescribed by law The Inv pre- crbes
that those officers shall be elected Tor the Term Of
four years. The ooh secuoH Of The same article
ptoVidfs that the "1hc qualified electors Of each
county shall eject five persons Tor the term Of two
years, who shall constitute Board Of Police fur
each county a majnry of ~hnm muy transact
! business" And HE 23fd section Directs HAT "a
competent number Of Jusiites of the Peace and
Conslablcs shall be chosen IN each county, by the
qualified electors thereof by districts, who shall
hold heir Offices for The term of two years"-
| The Constitution and laws require oil other coun.
| ~ officers to be elected for the term Of lW o
| years.
| The Constitution further prescllbcs that IAN
vacancies not provided for IN the Constitution,
| shall be filled IN such manner az The Legislature
nuy prescribe" The schedule Of the Consu.
ton provides that the first election, for all State
and county officers under tho Constitution (mrm.
bers Of the Legislature exceped,) shall be held)
on the first Monday, and day following 10 May,
1880; "and the officers then elected shall continue
IN office, until the succeeding general election, and
| alter IN the snme manner as # the election had
| taken Place OF the time last aforesaid" The sue.
coedng general election took place on tue first
Monday, and day following u November 1893,
The I'd section of the act prescribing the man
uer Of filling vacancies IN the public officers" pro-
vIdcs "1ha when any vacancy shall occnr IN any
| State office, &c. WHEN the Unexpred term thereof
shall have more than one year, to run II shall be
the duty OF the Governor, &c. to issue wrlls Of
election, requiring an election TO be held 10 I'LL the
unexplred term Of SAID office. &c. aud in the
case OF a State otiicer, 10 give sixty days notice
The clause quoted from The schedule o the
Constitution, clearly indicates that II was the m
tenlion Of The trainers of the Constitution, that al
State Officers, Judges, District Attorneys, and all
County ofhcets, should DO elected NJ Il general
biennial election. The ACT OF 1923 provides Tor
filling vacancies occaslonrd by DEATH removal, re.
sgnatlon or otherwise. The term OF otherwise,
| clearly embraces vacancies occasoned IN the
offices OF Judges and Dslric, Attorneys, by the
creation Of new Judicial Districts aud vacancies
IN County uflices, occaslone d by he creation Of
new Counties new Dsiucls, and new Offices
! AT The period # the adoption IF tie revised Con.
sututon, in 1892, there we've bat four Judicial
| Districts. Seven Districts have been created
since that period, ard in no instance were the
Judges and District Attorneys OF the new Districts
first elected at General Election. II the c.n.
strucllon of the Constitution prevails, that Judges
aud Dntuct Atornes, elected to I'LL vacancies
accustomed by the creation Of New Districts, hold
their Offices Io' four years, aud County Officers,
|
ton Of new Counties, D-lucls, and Offices, hold
their Offices for two years, the intention Of the fra
mcrs OF the Constitution would be defeated but
very few officers would be elected at the General
Election unG elections, instead It beng biennial
would be weekly
The Constitution orihe United States preScribes,
that mcmbers OF he House slall be ,rcted Tor tso
wears; yet, when new sl0le IS admitted INTO the
-. 1. T.. a.. 4 h
the upeSp,ycd team Of that Congress, Arkansas and
Michigan were admitted INTO The Union IN 1857
:etnS oi members of the House, from those States
expired On the Sd olMiJch 1887. The clause 81 til
Constitution Of the United States in r,latinn 10 the
! eltylDn OF members OF Congress, is analogous ln
| lint nl this State,n relation Ia the election ut Judges
aud the same constructors should prevail.
The WrIls Tor The election OF Jtlgp and District
Altorrry of the Sh judicial Dl,rict were To I'll the
vacancies oe5a>,oncd by The resignation Of the Hon
| Frederick W Hubnc,snd by the death OF Soomon
| u lSalcS ESa. The commissions OF Judge luhng,
ard of The District Attorney, Mr. " iSon dated No
vcmbcr S0h, lsiO, and December lst, is4O, ex.
prtSSly set forth that they were elected 10 I'll SAID
vacancies, and authorzcS them 10 exercise and per
lnrm the duties OF tnet respective offices for the
term prescribed by lar, Ohe unexp7cj term, com
menclng IN November. $3.50 and not for the term
prescribed by the constitution.
The lpth and llthJ Judicial Districts were created
m the year 1910 The wrts orclecnon in each al
lhoSe Districts, specified HAT The elections welr to
he held II till The vacancies in The offices OF Judges
and Dsirlcl Attorneys IN SaiG Districts uccaSioncd
! by the creation thereof The Judges and District
Attorneys IN ach OF those Districts, were elected in
| pursuance o the command ui he writs OF election,
TO oil The vacancies occaSioued by the creation OF
those DsltictS; and Judges Fuch and Crawford.
/ aud the District Attorneys Perry and smith were
al commissioned Tor the term prescribed by idp, I
! wit The act o 1883.
lam, therefore, clearly Of The opinion. that the
terms Of oil the Judges of the CIRCUIT courts, ut all
| the District Attorneys, an OF each and every coun
! ~ Officer expires ntxl November aud that an tlcc'
! ton must be held, on the first Monday and day lo
| loving, IN November next, Tor a judge and Dlslrlct
! Attorney for each OF the eleven judicial Districts of
the State Of Mississippi, as well as Tor all county