Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1841-10-09
Exeoutive nepartment.


irld the returns thereof made aud the bonds oil
ne officers theu elected, executed aud app'o'td
ID ,fTrt,nl opinion, prevail a. to The expiration ot
he t,rni- Of off e ii the Judges aud Disiuct At
o.f,-,.. elected 10 Gil vlcnucrs ucrasuued by
ieaih, vm.yal nation, and thu creation 81
new Judicial D.,r II ---a>". 10 'e'alI"n 6" ihr
tenure OF tie oliics- o county uihcep elected \
under the same CIRCUMSTANCES.
The I lih section OF ia, 4ih article Of the Con /
-,Itusiou provide. ihh The Jud2e- o he Co. /
cut Couu shall De- elected by hc qualified clt,. i
tors of each Judicial D,nlrl. AID bold nei. atf
ccs for the term Of four years, aud reside ii lhe,
respective districts" The 25.h ,ect,un specific
that There shall be an Attorney Gsuyrai elected
by the qualified electors # the State; aud COM
prlenl number of District Attorney .halI be elec
ted by the qualified voters o their respective dts
uic'~, who's" compensation aud term oi service
shall be prescribed by Law. The Las pre cIbe-
thai those oiicels shall be elected lor the tenn ct
four years. The 2Olh ,ect on OF the sane article
proyd thai the The qualified elrcor- Of each
county shall elect five persons, tot the tenn 81, tHo
yeurs, Who shall constitute Boatd o. Police toI
each uunty maJoiy Of whom muy transact
business" And the 23rd section dtrcts HAT az
competent number Of Jusli,es 81 lhr Peace and
Cons tables shall be chosen ~ each county, by the
qualified electors thereof by districts, Who shall
hold their offices Tor the tenn Of two years"
The Constitution and laws require all other coun-
" fleets To be elected for The term Of two
years
The Conslulion further pre.crbes that IAN
vacancies not provided Tor N the Constitutions,
shall be filled N such manner as The Legislature
aay prescribe" The schedule OF the Consu.
ton provides that the first election, tor all State
and county officers under the Constitution (mrm'
bers Of the Legislature cSceplcd,) shall be held
on the first Monday, and day following N May,
1880; "and the olhcets then elected, shall continue
in office, unliI The succeeding general election, and
after, IN the same manner a. Il the election had
taken place at the time last aforesaid" The .uc.
ceedlng general election took place on the Inst
Monday, aud day following 10 November. 1888.
The % section OF The act "pTescrIbug the man.
ner OF filing vacancies IN the public officers pro-
yldes "'lhal wnen any vacancy shall occur IN any
State Office. &c when the unexpued term thereof
shall have more than one yeat, to run It sfaIl be
the duty OF the Governor, &c. TO issue wuts OF
election, requiring election 10 be held 10 I'LL the
unex ned tenn Of sand office, &c. and IN the
case of a State officer 70 give sixty days notice
7 The clause quoted from he schedule o the
Constitution, clearly nd'coles lhaln vas The IN
tcn'lon Of the raners Of the Constitution, that al
: State Offers, Jud. cs. District Attorneys, aud al
County oifcris, should be elected At a genera
4 biennial election. The act OF 1923 provides 70
d filling vacancies occasIonrd by dealh,lemoval, re
slguauon, OF otherwise. The term or otherwise
clearly emh,aces vacancies oCcasoned IN III,
= offices Of Judges and District Attorneys, by III
creation of new Judicial DrstucIs aud yacancc
n IN County offices, occasone by The creation a
new Counties, new Districts, aud new Offices -
't1 At the period f the adoption of the revised Con
: s,llution, in 1882 there were but four Judlcla
r Districts. Seven Districts have been create
:, since that period, aud in no instance were tn
/. Judges and District Attorneys oIlhe new District
II first elected at Il General Election, II the cen
strucilon of the Constitution prevails. that Judge
i aud Distinct Auornies, elected to fill vucancIe
accustomed by the creation Of New Districts, holt
u their offices ol four years, aud County Officers
: elected to fill vacancies occasjoued hy the crea
uon Of new { unlirs, Districts, and Offices, hol
hel office loi Two years, the mention ol the Ira
= mrrS o The Constitution would be deftaI' d--bu
) very few officers would be elected NJ the Geura
u Eli iou and elections instead Ct benz benuta
= would be weekly.
The Constitution oflhe uoicd States prescribe,
that members of The House shall BE- elected tor tN,
| wears; vet, when new state Is admitted INTO lh
| Union, lhe member elected only hod4 h, Office +.
the uUeXpired le,m Of thai Congress. Arkansas an
Michigan were admitted into HE Uuon ~ 1887
:trm> olmembeis Of the Hoosr from those STATE,
7 | expired IN The Sd oMarel, 1887. The clause Of ia
Constitution oil the United States in relation To til,
election Of members OF Congress, is analogous #
:, hat of lhis Staten relation to the elecuun Of Judge
. aud the same construction should ptevaiI.
= The wrls lo The 81 cttnu OF Jadgt and Dsttic
Attorney of the sh judicial DStrct, were to I'll, the
vacancies otcasoned by the resignation of the Hos
Frederick W. llulinrard by the death Of Solomon
b: lsaacs, Esq. Tie commissions Of Judge llulng
q ard of the DIsllct Attorney, Mr. Wilson dated No
e ,embcr S0lh, lsi0, and December l~t, ls40, ex
preS>y set forth that they were elected To tiI sad
= vacancies and authorizes them To exercise and per-
y form the duties OF lnelr respective offices for The
y term prescribed by ld,c, (lhe uneNpr,d term, com
u merctng N November. 1880 aud not Ter the tern
v prescribed by the constitution.
n The 10Th and llDh Judicial Districts were created
y II the year 1910. The wrils oiccctlun Ia each a
u those Districts specified that the elections werc t,
be hcj - Ill the vacancies in the Offices Of Judge
and District AuohtyS n sad Districts uccasourt
n hy the creation thereof. The Judges and D.S,uc
~ Attorney IN each oitlo>e D>uclS, were etcedj II
pursuance Of tie command OF he wrii~ Of election
to oil the vacancies oceaSNned 10y the creation q
those Dl,,tcls; and Judges FHch aud Crawford
aud the DISTRICT Attorneys Perry ard Snuth, wrr
a commissioned for the term prescribed By tao, l.
wit: the act 0 1858
\ am, th4elure, clearly oI the opinion. that Tia
tvruS Of all tie Judges Of the Circuit courts, ui a
:" The District Attorneys, and bleach and ever, cour
" " Officer expires ntxl November, ard that an Jlet
10 ton must be held on the 6lsl Monday and day 10
y lowing, IN November next, for judge and Disur,
Attorney for each OF the eleven Judicial Districts
~ the State Of Mississippi, well as Tor all count
y officers.
T" The Shelihs oflhe several counties in The SDai
are therefore hereby directed 10 duly advertise an
hold an election, on the first Monday aud dav 10