Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1857-10-08
Opinion Of the Atty G,,Iaer.
al upon the Question Of Ma
cancics ON the supreme
RPmCh.

people--my private affairs constrain me 70
resume the practice. The resignation takes
effect a. future day. that there may be 10
Inconvenience to the public service, aud
ample fine Tor the selection of successor.
Permit me to embrace the occasion to
tender to the people Of Indiana my heart
felt Acknowledgements for the honor | have
received at their hands.
Very respectfully,
Your obedient servant,
W.. 2. STUART.
And a communication, of which COPY
is here inserted, has been received from
the Hon. s. B. Gookins
TERRE HAuTE, Aug. "a. 1857.
HIS Ercellency, Astbd Z. Willard, Gov
srncr Of Indiana
SIR: hereby resign the office of Judge
Of the Supreme Court. to take effect when
successor shall have been elected by the
people and duly qualified.
Respectfully yours.
S. B. GOOKINS.
Do you regard both. or either of these
communications, as creating vacancy in
the oesce of Supreme Judge, which can be
tiled at the next general election ?
Yours respectfully,
ASHBEL p. WILLARD.
Hon. JOSEPH Z. MCDoNALD, Crawfords-
vile, Indiana.
OFFICE OF ATTORNEY GENERAL.
September 18Th, 1851
HIS E%ce!Yency, Governor 4. u. Willard :.
Your note enclosing copies of the resig-
nations of Hons w. Il. Stuart and S. B..
Gookins. as Judges of the Supreme Court
Of this State, has been received, and in
answer to the questions propounded BY you
/ will stale that the Is. section of the act
entitled An act regulating general cleo
tons. and prescribing tie duties of oaicers
in relation thereto, approved June :, 1882,
provides that a general election shall be
held annually, op the second Tuesday of
October, at which all existing vacancies in
Office, and all Offices, the terms Of which
will expire before the next general election
thereafter, shall be filled, unless otherwise
provided by law.
By the second section Of this act, the
clerks of the several Circuit Courts are re-
auired to certify to the sheriffs of their re-
spective counties what officers are &c be
elected n: such elections.
BY law certain officers, among whom
are the Judges Of the Supreme Court, are
required to file their resign,ti1ns with the
Governor, and where vacancies are thus
created which might be flied at tire annual
election. as Executive OF the State he ought
TO cause to be certified that fact to the clerks
III the Circuit Court, to the end that the
same might be duly certified to the sheriff.
But In the cases under consideration there
ara 20 existing vacancies; for by the terms
Il Judge Stuart's resignation the vacancy
will not occur unit. the first Monday
in January, 1858, and until that time he
holds tie Office and discharges its duties.
In the case Of Judge Gookins, no vacancy
is contemplated at all. as he holds the Of
fee until successor is elected by the peo-
pie and qualified. This will take place at
the expiration of his term of Office. and
until vacancy occurs do rot think ii
can take place before. The Governor can
not, therefore, notify the clerks that there
!. is an existing vacancy in either Office, for
such is not the fact, and the statute only
imposes the duty in cases of existing va
cancies.
BIT can the election take place under the
other provisions of the Statute?-that is,
are the cases within the meaning of that
branch of the section first above quoted,
which provides for the election of all Offices
the terms of which shall expire before the
next general election? To settle this Ii is
only necessary to define the meaning Of
the expression terms of office" as used in
the statute, and about this l think there
can be but little controversy. A term of of
flee is its extent, or duration. as fixed by the
Constitution and laws, and it cannot be
changed or altered by any less power than
that which established il. as in the case un-
der consideration. TIE second section Of
article OF the Constitution Of this State
provides tina. Supreme Judges shall hold
their Offices for six years. That is the
term, and the 10th section of the same ar
ticle declares that mo person elected to any
judicial Office, shall, during the term FOL
which he shall have been elected, be eligi
bic to any Office of trust or profit under the
State other than Judicial Office OF the
election and terms of Office the Executive
must take notice and, as in neither of the
ceses under consideration, will the terms
of Office expire before another general elee
ton, it is my opinion that no election car
take place at the approaching election:
Est. Because there are no existing va
cancies in the Office of Supreme Judge.
Cd. Nor will the terms of Office of eithe
Of the ineumbents who have signi6ed thei
intention of resigning, expire before The
next general election
= j. E. MCDONALD,
Attorney General.