Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1857-12-10
From the Marlboro s,s,ts d III. Sd inst.

Ills nOnOf, Judge Craln, mas QeClueu LIE Case
of contest for the Caerkship of this county, as
will be seen by the decision given below, which
was received at the Clerks Office by yesterdays
mail
Mr. Sansbury's counsel have entered an ap-
peal from this decision, and we suppose the case
viii be finally determined by the Court Of APP
peals at is December term.
JNo. 81. SANsBgRY rs. CHAs. s. MIDDLETON
IN the Circuit Court for Prince George scos's-
y, November Term, 1867.
Thisisan application for amandamus by the pc
titioner against Chas. S. Middleton, to obtain pos
session of the Office of Clerk for the Circuit Court
for Prince Georges county. The case has been
arguel with eminent ability by the counsel en-
gagged for the respective parties. and is now sub
mitted for my decision. 1t appears from the
petition and answer chat Owen Norfolk was
elected Clerk in November, 1851, and died in |
November, 1854; that Edward w Belt was APP
pointed by the Circuit Judge to the office, and !
continued to act as Clerk of the Circuit Court
for Prince Georges county until the November |
election, 1856, when Chas. S. Middleton, the re-
spondent, was elected by the people of Prince
Georges county clerk, and IN pursuance Of the
constitution was commissioned and qualified as
such, and is now in possession of the office, !
claiming to hold the same for six years from his |
election. At the last November election John
H. Sansbury was elected clerk, and he now
claims possession of the office, alleging that he
has complied with therequisates Of the constitu-
ton by giving bond and taking and subscribing
to the OATH as prescribed by the consultation and
invokes the aid and power Of this court to obtain
possession Of it.
10 settle this controversy, and adjudicate the
conflicting claims of both parties, it now de
wolves on this court to give construction of the
constitution Of the State in reference to the tenure
of Office of the Clerk of the Circuit Court of this
county. The terms of the constitution, which
are to control this question, are to be found in
the 18th section of the 4th article, and this is.
the only clause directly. bearing on the ques-
ton By the 18th section it is provided, that a
clerk tshall be elected in each county, and shall
hold his Office for the term of sir years from the
time Of has elections In case of a rocancy in the
office ofa clerk the Judge of the court of which
he was clerk shall have power to appoint a
clerk until the general election Of Delegates held
next thereafter, when a clerk shall be elected to
fill such vacancy" The constitution having
conferred on the people the power to elect a
clerk also provided term Of Office, which, no
doubt, was thought by the makers of the con-
stitution sufficient to ensure fitness, qualification
and experience in the incumbent; and in con-
strung the constitution, we are bound to give it
construction which will subserve and not defeat
the design and intention of its makers. 1tdoes,
therefore appear to me that the judiciary are not
authorized to abridge the term for which clerk
is elected under the constitution by the people,
unless there is some language or provision in
the constitution to limit restrict the term for
which he has been elected. have diligently
searched the constitution, and am unable to
find any language or provision limiting or restrict
ing the term of six years, for which, by the 14th
section of the 4th article, clerks are elected.
IF it was the intention and design of the max
ers of the constitution that clerks should be e.
assssa tsg Saf kfEa dds NJ la EE sd comm
tuition TO limit, control or defeat that design and
intention, it must be conceded that every clerk
elected by the people must hold his Office for six
years; but it is contended and insisted upon by
the counsel for the petitioner that the use of the
word racancy was sufficient to limit the term of
office, and clearly designate the time for which
Charles S. Middleton was elected clerk. Can
the use of the word vacancy, as employed in
the constitution, be sufficient to modify the ex-
express language previously used in the same
section? The word vacancy, in its usual and
accepted sanse and meaning, Is employed to-
designate when a place is not filled and sup
Piled and the makers Of the constitution en-
ployed it in this section Of the constitution
morely to designate when the Office of clerk was
vacant, and the right of the people to elect a
successor required. Certainly against the Ian
gnage of the constitution SO explicit, and the
spirit and intention SO manifest, the word va
cancy was not designed to apply to the term Of
Office of the Incumbent but to the Office Itself
For what period was Charles s: Middleton e.
lecteda. The words Of the constitution are inn
perative. s'1he clerk shall hold his Office for
the term of six years. What right, or power
has the Judiciary 10 limit or restrict the term of
Office Of clerk, unless the power is found in
the constitution? But looking at the policy of
the constitution, cannot see any good or sufffi-
Gent reason why clerk elected to fill a vacancy
should not hold his Office for SIX years The
same constituency who elected a clerk for SIX
years in 1854 for the Circuit Court for Prince
Georges county, also elected Charles s. Middle
ton clerk of the same court in 1855; and why
should this court decide that Charles S. Middle
ton was not elected for the constitutional tem, ,
when his election was the result of nghtful
exercise of the power conferred on the people by
the constitution? We are authorized to look at
the whole constitution when we are called on to
eonstrue any part Of it, and am confirmed in
these views by looking at that part OF. the con-
stitution in reference to States Attorneys.
By looking at the first and fifth sections of the
9th article of the constitution find that States
Attorneys are also elected by the people for four
years, and in case of vacancy, the same power is
conferred on the Circuit Judge appoint until the
next election of Delegates, when said vacancy
shall be filled by the people for the residue Of tie
term thus maflc vacant From the language used
in this clause of the constitution, it ispenectly
clear and satisfactory, that the trainers of the
constitution, when they wished and designed. to-
limit and restrict the term of office, used apt
and appropriate language for the purpose and