New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-09-01
vacancies in D,.tr,o. cour. clerksh,pa.
NEW ORLEANS, Aug. 10, 1851

tW4E a NEW ORLEANS, Aug. ~, 1880.
SIR vacancy having occurred in the Office OF
Clerk Of the District Court for the parish of Jackson
which was filled by an appointment made by the
judge of the court, you inquire whether new cleo
ton for clerk is to be ordered by you for November
next or whether the appointee Of the judge will
hold over until the general election of 1859.
Article 20 of the Constitution is as follows Clerks
of the inferior courts in the State shall be elected
the term of four years, and should q vacancy occur
subsequent to an election, it shall be TILED py tne
judge of the court in which such vacancy exsts anu
the person 50 appointed shall hold bis office until the
next general electon.'
doubt, it seems, has been suggested whether the
words general election" in Article ~ mean general
election or general election for clerks the former
taking place in November, 1851, and the latter In
November, 1853.
1t appears to me that If the words " general eec.
ton" have clear, unambiguous slgniheatlon, IL
would be an understandable VI t h uoi
stituton to add the words of clerks after them IN
article 49, unless indeed the literal interpretation OF
the words :tgeneral" election would lead to an ao-
surdity 1t is obvious that nothing absurd, or even
inconvenient would result from the literal c9nstruc
ton. Have the words general election clear and
unambguous meaning? The phrase general cleo
ton when used alone las in article 7s) has an es.
tablished meaning in the public mind, and mad at
the time the constitution was formed 1t is intended
to express the election for members of the General
Assembly which is general that is to say, which
takes place throughout the State and is contradis-
tinguished from special election which is to I'LL
particular vacancy, local election, winch IS con-
lined to parish or political subdivision Of the State.
The election for judges is held at time different
from all other elections and hence no one would say
that the election for judges takes place at the time of
the general election but rather it would be said that
the general election for judges does not take place at
the time of the general election, but at different
time. conclude therefore, that the words of Article
70 are free from ambiguity, and thrt the true con-
structon is that the vacancy in cerkship of court
shall be filled by appointment to be made by the
judges Of the courand that the person so appointed
shall hold over until the next general election at
which time new election shall take place for the
unexpired term.
II any real doubt existed as to the meaning OF the
words general election" the constitution itself
would solve it. For article Of that instrument pro-
vides that members OF the House IF Representa-
tves shall serve for two years from theday of closing
the general election
If the constitution had designed that the clerk ap
pointed by the Judge should hold over for the unex
pired term of his predecessor, the language would,
in all probability have been that of article So That
article provides that if vacancy should occur in the
Office OF Sheriff or Coroner, it shall be filled by the
Governor. and the person so appointed shall continue
in office until his successor qualified. But as article
70 limits the tenure of the judicial appointee to the
"next general eleetion'-which takes place before
the regular election of clerks-t would be forced
construction to give to the language of article 70
the meaning Of article so.
Very respectfully, your obi serv't,
To his Exceency ROBERT c. wIcKLrrs, Baton Rouge La