Lexington union. (Lexington, Miss.) 1838-18??, 1841-10-09


VW provides that the Governor shall
take care that the laws be faithfully exc
cuted." have, therefore, thought proper
TO advise YOU what Officers are 10 be cleo
ted at the next General Election, aud to
direct the manner in which the election Is
to be held, the returns thereof made, and
the bonds of the officers then elected, eX~
ecuted and approved. Different opinions
prevail as TO the expiration of the terms OF
Office of the Judges and District Attor-
neys, elected to fill vacancies occasioned
by death, removal, resignation, and the
creation of ne,O judicial DiStricts--also,
in relation TO the tenure Of the Offices Of
county officers, elected under the same
circumstances.
The lllh section Of the 4th article OF
the Constitution provides that "Ihe Judg
es of the Circnit Court shall be elected by
the qualified electors of each Judicial Dis
trict, and hold their Offices for the term Of
four years, and reside in their respective
districts" The 25th section speeches
that "There shall be an Attorney Gener.
al elected by the qualified electors OF the
State; and competent number OF Dis
trlct Attorneys shall be elected by the
qualified voters of their respective dis
trlcts, whose compensation and term OF
service shall be prescribed by law" The
law presclibes that those officers shall be
elected for the term OF four years. The
ooh section of the same article provides
that "The qualified electors OF each coun.
~ shall elect five persons, for the term of
two years, who shall constitute Board OF
Police for each county, a majority OF
whom may transact business" And the
23d section directs that A competent
number of Justices of the Peace ard
Constabes shall be chosen in each coun.
", by the qualified electors thereof, by
districts, who shall hold their offices for
the term of TWO years" The Consltu.
ton aud laws require all other county Of
fcers to be elected for the term of two
years.
The Constitution further prescribes that
" All vacancies not provided for in the
Constitution shall be filled 10 such manner
as the Legislature may prescribe" The
schedule of the Constitution provides that
the first election, for all State and county
officers, under the Constitution, (memhets
of the Legislature excePted,) shall be
held on the first Monday, aud day follow
ing in May 1888; sand the officers then
elected, shall continue in Office until the
succeeding general election, and Gtier, in
the same manner as if tie election had taken
place at The time last aforesaid" The
succeeding general election took place on
the first Monday aud DAY following, in
November, 1888. The % section Of the
act "prescribIng the manner of filing va
Cancies in public offices" provides That
when any vacancy shall occur in any
State Office, &c. when the uuexpired tern
thereof shall have more than one year Il
run, it shall be The duty of the Governor
&c, to issue wrils of election, requiring al
election to be held 10 Sill the unerpiret
term of said office, &C., and in the cas-,
Of State officer, to give go days notice.
The clause quoted from the schedule t.
the Constitution, clearly indicates that
was the Intention Of the trainers of tn
Constitution, that all State Officers, Juda
ges, District Attorneys, and all Count
Officers, should be elected at genera
biennial election. The act of 1888 pro
vides for filling vacancies occasioned b
death, removal, resignation, or otherwise
The term or otherwise clearly embrace
vacancies occasioned in the Offices {
Judges and District Attorneys, by III
creation of new Judicial Districts, and va
cances in County Offices, accustomed b
the creation Of new Counties, new Dis
trlcts, and new offices. AT the period {
the adoption of the Revised Constitution
in 1882 ,,there were but four Judicial Di
tricts. Seven Districts have been cret
ted since that period, and in no instanc
were the Judges and District Attorneys
the Districts first elected at a Gener
Election. If The construction of the Con
siitutiop prevails, that Judges and D
trict. Attorneys, elected to fill yacancic
occasioned by the creation OF new Di.
tricts hold their Offices for four years, an
County Officers, elected to fill vacancit
occasohed by the creation of new Cour
ties, Districts and Offices, hold their off
ces for two years, the intention of The fra
mers of the Constitution would be defeate
but very few officers would be elected {
the General Eection-and elections
instead of being biennial would be week
ly
The Constitution Of the United State
prescrbes that members of the Hous
shall be elected for two years; yet, whe
new State is admitted into the Union
the member elected only holds his oflic
for the uneXpired term of that Cororoos