Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-02-21
ELrcrroN OF corNrr grDcE.

AsssrE Editors When called on a few day.
$50, by Judge Leonard and MAJ. Morgan, fcl
my opinion Is 10 the legality Of the election OF
"a county Judge a. the March election, my at
tenuon was directed 20 but one question, in
v5lving "a supposed conflict between the stat
ute. as found On the eight hundred and twenty
fousth section of the code, and an amendment
to our state Constitution. adopted ia ls52 Il,
however, embraced in my o-mmunication
another question, the understanding Of which
seemed necessary in determining the practical
question, viz: whether il was Necessary to the
legality OF the e~lzcti0u, March 81, pr0ximo.
that there should be either a writ OF
election issued, OF notice by proclsma-
ton by the Governor, la the event the
County Judge Is 10 be considered Included
among the officers designated Ia the Constitu-
tioEsl Amendment, as is earnestly C1utended
for by some OF the abiesL jurists in our city; or
. n the Judge OF the County Court is merely the
Chairman of the Quorum Court, though de
nominated Judge, whether Is was necessary
Llat the twenty days notice required boy the
statute iu see. 50, was a prerequisite 10 and es-
ssntaI 20, the legality Of the election. With
these propositions, ana the statute and COnSti-
tuLaual Amendment as the basis OF my hives
U~E4rl0D. / had nc ulMcuily in arriving at whaI
4 consider correct conclusions. On the Er.t
p0inti think no one az this time eutert8ins q
solitary doubt thar my opinion rs correct or
the other tAe deduction from tine premises was
likewise beyond controversy. But several
days after my opinion hao been published, IL
conversation with a citizen on this subject, ]
was informed of a. fact hitherto not referred 10.
and consequently totally unknown 70 me.
which IL known, would have required a very
different conclusion on the second point ia our
invssusalou- For tnouGh the regular election
took place ia March. ls3s, according 90 the pro-
visions OF Sec. ~, when Judge Bailey was cleo
ted, who resigned Ia $50, and that Judge Petit
was elected and commissioned the same year
Wei nuIsE .N4 decision of NLk 1LnUauun. court al
uUr state. any person elected. even 20 iii q
vacancy. holds his Office for ne tenn urr-
~ribed boy the statute. Judge Petit, having
been elected In 1850 for the tull term OF elght
years, his term, had he continued TO dis
pre- in lSH over Two years hence The
question under this state or facts is. whether
amy election can take place for County Judge
before ISIS, except under tue provisions OF the
code for special elections There is scarcely
any room Tor controversy on this point. The
next question is. whether the twenty days no.
Lfo- should ne given hy the Sheriff or Coroner ]
OF shelby county or by the Governor OF the |
state. IhisE "a point about which / appreheuG
there is quite a diversity OF opinion among our
ablesf legal minds. Judge 1wayne and Mr.
ElluuEe TWO gentlemen whose deliberate legal
opinions are certainly entitled % the highest
c'usl4e tl'li- Va tHeH S'Hlu4nlcalonN seen
20 entertain NO doubt That tine writ of cleo /
given by the Governor; WLlle ollcT gentle
men alike distinguished for accuracy in
tIeIrlegal conclusions, seem equally clear I'm
ttgLr OPINIONS lIal the twenty Gays notice
should De- given by the Sheriff or Coroner. To !
decide whether the election should take place |
March third. pr-ZIno. does not require thai !
THIS Contr5verte1 question should be decided, !
a. all seem united IN the opinion that 40 regu
lar election can take place until the expiration
any election before the expiration OF that pc
nod D. special, requiring the notice as pre-
scriyed IN section "a, waich notice has been
gwen by neither Governor, Snerlu nor coroner
Though NOT as well satisfied as 1 could desire,
! nave no hesitation ia giving my opinion that
the twenty days notice required 70 be given IN
section SIS, should emanate from the sheriff OF
me Judges Of tire County Court are elected
+" under the same rules and regulations pre-
s1tDe1 for other county elections" The Hrsi
election took place on the "nrst saturday ia
These regulations, and rules and day for the |
election. Enthusiastically Indicate that the Legls- |
lHtuTe did not consider the County Judges a~
embraced m the Constitutional Amendment,
otherwise, the act passed two years after the
creation of the constitutional Amendment ere
AlnE the once OF county Judge ana hNlnE the
ur th- election on a day which is set apart
I0r the election OF all county officers, ana pro- |
v5diug the same notice 70 be given In case 81
lucid commentary on the intelligence OF the
General Assembly OF our state. This
at a session Of the legislature that COM
hIued The best legislative talent, and under the /
immediate supervision Ofs0me Of the best con
.-lliul1ual lawyers OF the state. me dunes
and powers dey0iylug and conferred on these /
county judges differs as widely from those
pertaining TO the Judges and Chauceiluro IN eN- /
islence. and referred 10 aJ the time 9th adOp- 1
ton OF the constitutional Amendment As tho |
time and regulations prescribed hy the cope for /
on the county judge which Is not equally eNer-
cls-d by the Chairman Of The supreme Court.
Restricted 90 hf- immediate county, and to
prr-lube4 duties in mis- official acts, there can
be fguudn nothing, either IN the manner Ofhis
election or duties winch he is 20 discharge,
fisi c'nsliuses any ul-llLitNe uluerehce ne
tween q County Judge and other county officers, |
elected by lls people or the comfy 20 discharge |
wei defined duties prescribed 10y the statute.
duu nothing except the appelaI4Ou that 4
could ue tortured into any theory, else than q /
officer. Then. II r county judge is one |
% Tie county officer, % be elected under the
same " regulations ana on the same =" day
prescribed Tor other county elections, and II
elections l- that 5he sheriff" and II the sheriff
u- disqualified. (Which Is the ease iH the /
march cecuGnr or ~ there Dc no sherln,
the "JOruner.' &c. .-0e Code. then . think 1
there can De- 90 doubt that DO was the Intention
OF the legislature 10 consider county judges a.
one class OF county Officers, TO be elected on the /
same DAY aud under the same regulations OF /
other Duuty officers, and hence al the Iegisla- 1
compatible with the principle OF this amend i
meBE OF I.a. as when tested by ne Judiciary /
70 be rendered unconstitutional ana totally /
void, and tli- renders all Tie acts OF these Onl-
GERS, involving many millions Of dollars, he
gal, except lu the ground Thai they are 5e fEctO
Q1tceTA Ils a. requiring 700 much sim
ply on account or so Hppelati0n, selected by 1
me BesishLGie 20 ~ uEFHgp u lhe sNhs
Officers OF TIE quorum courts OF hye different
counties ia our stale, by reason OF their lmpOr-
tans county affairs. u may be necessary 10 say
lu this connection that I hope not 20 be mis-
understood In the application Of the terms
d" County DmCerz." Chairman Of the Quorum /
Court, etc. These terms are not used in der
Cgatl0n either OF the responsibility of the I
County Judge OF heimportauc Of the business
transacted 1y him.
on the otHar hand. assume that the Ofice OF
County Judge y tua most important Office in I
Of roe people. especially FOR the next
term for which we are soon 70 elect "a Judge /
The erection Of a County Jail and "a CouU
House and other public buildings. i'm I
paraflvefv demundeI win alone Involve |
over half "a million Of dollars, 20 say
nothing OF the more important fact that
% she number OF years usually /
allotted 20 "mHu" at least uue-fOurth Of the
property interest Of this rapidly expand
ing rty aEl county, amounting 90 millions.
have % pass through the Official hands OF
"Judue 81 rae County Of shelby" These
-. - -.Nu.L.-I / .... md L.LL.u.L IN nn- |