Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1850-05-31
The Election Of justices of the Peace.

The Election OF justices OF the Peace.
At the recent term of the Circuit Court
held in Dane County, the Grand Jury reques- /
ted an opinion from his honor Judge Hubbell, /
as to the construction of the law in regard to |
the election of Justices of the Peace. The |
several conclusions established were given a /
few days since but owing to the numerous /
inquiries made, and to the fact that every town
in the State is interested in knowing the con-
struction cf The law, we now give the opinion
entire.-Seninel.
MADISON, April I6, $50.
VIM. \. SEYMOUR ESQ. Foreman sc
DEAR SIR In compliance with the fore
going request of the Grand Jury, have to
reply that the terms of Office of the Justices
of the Peace, in this State, depend upon pro-
visions both of the Constitution and the Stat
utes.
Section Is Of Article7 of the Constitution
is as follows:
The Electors of the several, towns at their
annual Town Meetings (and the the electors
of cities and villages, at their chatter electons)
shall, in such manner, as the Legislature may
direct, elect Justices Of the Peace, whose
term of office shall be for , years, and until
their successors in Office shall be elected and
qualified. In case of an election TO fill va
cancy, occurring before the expiration Of
full term, the Justice elected shall hold for the
residue of the unexpired term. Their number
and classification shall be regulated by law
And the term Of , years shall in no wise in
terfere with the classification in the first in
stance. The Justices thus elected shall have
such civil and criminal Jurisdiction as shall be
prescribed by law
1t will be seen that the several towns, cities,
and villages, are required annually to elect
Justices of the Peace. That the Legislature
may prescribe the manner of their election,
and regulate their number and mode of classif-
cation; and may by the 8 classification in the
first instance vary the prescribed term Of
''two years." But the constitution fixes IN
alterably the term of the office at two years,
with that single exception. Now the Leg
islature of the State, at the Summer Session
of I848, passed a law to carry into effect this
provision of the constitution. [Sec. p. 2IO,
session laws I848.7
''There shall be elected at the first annual
town meeting, four Justices ofthe Peace, two
of which, to be determined by lot, shall 60
out of Office at the end of one year; and there
after two justices may be elected annually to
hold their Offices for the term Of two years.
This law was in force at the annual town
meetings, in April, I849; and in most of the
towns of this state, Justices of the Peace were
elected and classified under it. Such cleo
ton and classification was legal and valid
and that being a classification in the first
instance" two of the Justices then elected
were properly restricted to the term Of . one
year.''
But the law of 1918 was repealed on the
Ist of May 1919; and on that day, the act en-
titled = OF towns and town oficers''-now
chapter u Of the revised statutes-took eff
feet. Section 81, of that chapter, (page 129
of the revised statutes declares that SAT the
first town netting held under the provisions of
this chapter, there shall be elected in each
town, four justices Of the peace, two of whom
shall hold their office for the term of two years,
and two OF whom shall hold their Office Tor
the term of one year; and the Justices SO e
lected, shall meet at the Office Of the town
Clerk, on the second Monday next succeed
ing the election, between the hours of 2 and
o'clock on that day and determine by lot
their respective term of Office" That pOr-
ton of this section which Prescribes the num-
Der of Justices and the time and mode of their
election, is valid that which fixes the term
Of their Offices at less than two years and
requires them to determine by lot their res
Pective terms, is repugnant to the constltu-
ton and void; at least void in all cases where
there was election and classification " in the
first instance in 1919. Where there was
no classification by lot in I849, the provisi-
ons of section 81 are operative, and classif-
cation should be made Of the Justices elected