The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1851-07-10
Prosecusing Attorney.
OFDUBOYS COUNTY.

Prosecuting Attorney.
10 there Prosecuting Attorney to be elect
ed for this Circuit at the August Election?
This question his frequently been asked
and deserves an answer. The fact that
those who claim to be Lawyers have an
nounced themselves as candidates for office
would seem 10 imply that there is, in their
opinion, vacancy. But Democratic Law
yers are progressive, and il one of them may
hold two Offices and receive double pay whilst
doing half duty. why may not another run
for an Office year before vacancy oceursf
A legal friend has informed Us, that there is
no vacancy in the Office Of Prosecuting Attor-
ney, and has furnished Ne with sketch oil
the legislative enactments, from which we
make the following compilation:
Prior to ls43, Circuit Prosecutor was
elected for each Circuit, by The Legislature,
to serve for two years. The act creating the
Office, defining the duties, and fixing the COM
pensalion of the Prosecutor, was approved
January 20, 1881, and may be found on page
IS of the revised Laws Of that year. BY
the act Of February IL, 1s43, (see revised
Laws of ls43, page lO4s) the election of the
Prosecutor was given to the qualified voters
of each Circuit, but his duties, term OF Office,
and compensation, remained unchanged
BY an act approved January 81, 1S47, (see
acts of lS47, pages SO and SAY the voters oil
each county were required to elect County
Prosecutor to serve Tor three years, and to re.
ceive a compensation different from that
mentioned in the acts Of 1881 and 1913. In
ls49, the Legislature passed another ACT
which was approved January IL, ls49, and
10 entitled "An act TO provide for the election
Of Prosecuting Attorneys in the 4Ih and Sill
Judicial Circuits" BY this act the voters la
the 9TH aud 9Th Judicial Districts are requir.
ed to elect one Prosecuting Attorney Tor
each Of said Circuits on the first Monday Of
August, 1s49, and every three years there
alter, who is 10 hold his Office for three years
and until his successor is elected and quail
fed. The 9Th section OF tins act by express
terms repeats the act &c January 81. lS47, 60
far as il relates to the 9TH and 9Th Circuits
Under this Law Of lS49. the present pros
ecutor oil ths 4th Judicial Circuit was elect
ed and commissioned for three years from
August, l849. At the last Session OF the
Legislature, an act was passed entitled "An
act to repeal an act therein named and to re-
wise the Statutes of lS43, relative 10 the
election OF Prosecuting A,torneys." (See
acts Of 1851, page l4l.) The 1st section OF
this act repeats in express terms the act oil
January 81, lS47, which provided for the
election of County Prosecutors-the I'd sec
ton revses 90 much Of the Acts Of February
IL. ls43, and January 20, 1881, as was re-
peaIed by the act OF January 81, ls47-and
the Sd section Of the act declares that the
first election under it's provisions shall be ia
August 1851. In this act Of February L.
1851, there is nothing said about the nct Of
1840. under which the present Prosecutor oil
the 4th Circuit was elected, nor is there any
thing IN it which in express terms or by i'm.
plication, repeats the act of lS49.
We have no interest in the question, az
the present incumbent and the aspirants are
all Democrats, but we notify the Democrat,
Lawyers Of the Circuit, that we will not, un
Ill our legal opinion is reversed, (and perhaps
Barkwell might get Loekhart to reverse il
announce any more candidates for Prosecu
tor. We cannot be so cruel az TO charg,
them one dollar for announcing them as can
dIdates for an Office in which there is no va
cancy.