Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1841-10-16
Executive Department.

Laws be faithfully executed" have. therefore, /
thought proper % advise you What Officers are 10
be elected Of tie mex. General Election, and 10
direct the manner ga which the election Is 10 be-
held, The returns thereof made aud the bond, 81
the officers then elected executed aud approved
| Different opinions prevail - 10 the expiration Of
the terms Of otlicc OF the Judges and District Al
lomcys, elected 10 ill vacancies occasiOned by
death, removal, resignation, and the creation Of
new Judicial Dl-lrct.--also; IN relation to the
tenure OF the Offices OF county officers elected
under the same circumstances.
The lIh section OF the 9Th article Of the Con-
sll;utou provides That The Judges Of the Cir
| cult Court shall be elected by the qualified cleo.
tors of each Judicial DISTINCT and hold their off
ces for the term of lour years, and reside in then
respective DISTRICTS The 25th section spec iies
that "There shall be on Attorney General elected
BY the qualified electors Of the State; and COM
potent number of District Attorneys shall be cleo
ted by the qualified voters Of their respective dis.
uIcls, whose compensation and term Of service
shall he prescribed 10y aW. The law pre- .cibes
that those officers shall be.olecled for the term Of
| four years The 2Oih section al the same article
| provides that the "Tbe qualified eeclofs Of each
county shall elect five persons, Tor the term Of two
| years, who shall constitute Boatd Of Police tor
each county maiory OF whom may transact
business" Aud the 23rd section directs that ~
competent number Of justices OF the Peace and
Conslabcs shall be chosen in each county, by the
qualified electors thereof by districts, who shall
hold their offices for the team of TWO years" -
The Constitution aud laws require all other conn-
ly officers to be elected FOR the term Of two
years
The Constitution further proscrbcs that "All
vacancies not provided for IN The Constitution,
| shall be- filed IN such manner rs the Legislature
ray prescribe The schedule OF the Conslu.
ton provides that The first election, for all State
and county officers uGder the Constitution tmem.
bers Of the Legislature excepted shall be heidi
on the first Monday, and day following in May
$50; "and heoiIicels then elected, shall continue
IN Office, untl the succeeding general election, aud
after, IN the same manner as It the election had
taken place at the time last aforesaid" The sue.
ceedng general election took place on tue first
Monday, and day following IN November, 1898.
; The I'd section Of the act prescribing the man.
ner Of filling vacancies IN the public officers pro.
vides "Iha when any vacancy shall occar II any
State office, &c. when the unexpred term thereof
shall have more than one year, to run it shall be
the duty Of the Governor &c. to issue wrils o
cleo ton, requiring election TO be held to till iht
nnexhred term of said office, &c, and IN the
case of State officer, 10 give SIXTY days notice
The clause quoted from The schedule o tn,
: Constitution, clearly indicates that it vas the in
ienlon of the trainers of the Constitution, that al
State Officers, Judges, District Attorneys and al
County officers, should he elected nj Il genera
biennial election. The act Of 1923 provides lo
filling vacancies occasioned by death,removal, TO-
signatlon, or otherwise. The term OF otherwise
, clearly embraces vacancies accustomed IN the
: Offices of Judges and District Attorneys, by tn
i creation Of new Judicial Districts, and yacancic
IN County offices, occaslone d by The creation o
r new Countess new Districts, and new Offices
y AT the period of the adoption of the revised Con
e sutution, in 1882, there were but four JuJcta
Districts, Seven Districts have been create,
= since that period, aud in no instance were tn,
=. Judges and District Attorneys OF the new Distrlct
first elected at General Election. II the con
g struclion Of the Constitution prevails, that Judge
and District Auornes, elected to I'LL yacancie
Il occasioned by the creation Of New Districts, holt
:, Their Offices tot four years, aud County Officers
- elected to fill vacancies occasoued by the cfea
: ton of new Counties, Districts, and Offices, hoL
. their Offices for two years the intention OF the fra
mers OF the Constitution would be defeated -bu
h very few officers would be elected at the Geners
l. Election aud elections, instead Ct being blennip
: would he weekly.
The Constitution ofthe United States prescribe
a. ha, members of the House shall be elected Tor tw
r wears yet, when new state s1dmltied INTO tn
y Union, the member elected only holds his Office IL
I the upexprcd term of that Congress, Arkansas IN
y Michigan were admitted INTO the lnlon IN 1881
50 Germs olmembers of the House, from those State
TO expired on the Sd otMurch, 1881 The clause of tn
Constitution OF the United States in relation 10 III
y election OF members OF Congress, is analogous /
II that ol this State in relation TO the election OF Judge
aud the same construction should prevail
DC The wrs for the election OF Judge and Distric
VI Attorney of the slh Judicial DSlrc, were To Gil III
rs vacancies occasoned by the resignation of the Ito
y Frederick W. Hudnr,and by The death Of Soomo
~ Il; lSaacS Esq. The commissions OF Judge lluhne
III and oi the District Attorney, Mr. Wilson, dated NJ
o. vember 30h, lS40 and December Isl, lslo, cx
: prcssy set forth that they were elected to ill sal
vacancies, aud authorizes them to exercise and per
y form the duties OF their respective Offices for N
n, term prescribed by id,c, Uhe uneSprcd term, com
d monctng in November $3.50 aud not Tor the lcru
= prescribed by the constitution,
Is The lgth and lllh Judicial Districts were create
III in the yeA 1910. The wrils oreecuon in each O
~ those Districts, specified that the elections wett
~ be held 10 il the vacancies in the Offices Of Judge
&c and DSric Attorneys nsad Districts oecaSionc
u by The creation thereof. The Judges and Dstuc
Attorney IN each oithose Districts, were elected il
y pursuance OF the command OF The wrlS OF election
S to I'LL the vacancies occasloned by the creation
% those Districts and Judges Fuch and Craw lord
and the Dslrcl Attorneys Perry and Smith, wer
' al commissioned for The term prescribed by la,o I
e wit: the act OF 1853
am, therefore, clearly OF the opinion, that TIN
~ terms Of all the Judges of the Circuit courts, OF a
J. the DlSrct'AuorneyS, and oteach and every cuun
e " Officer expires next November, and that an cleo
ton must be held, on the first Monday and day lo
Il lowing, in November next, for Judge and Dlslric
. Attorney for each Of the eleven Judicial Districts
M lhn SInIp NJ MIaAAsLnni ~ Arl lar IN rnnnL