The Conservative. (M'connelsville, Ohio) 1866-1871, 1870-08-05
THE COUNTY AUDITOR QUES.
TI0N.

As all our readers are aware, the
Ohio Legislature, last April, passed a
new Act relative to the election, &c,
of County Auditors. This new Act
changed the date ofexpiration of an
incunsbent's official term, and, conse-
quently, the date eftaking possession.
by his successor, from the biennial Pc
riod ending on the LIST Monday Ia.
March, to the biennial period ending
o n the End Monday n-Noyember.
The Act further provides that all
County Auditors now in Office, Shall
continue to hold. their Offices until
two years from the second Monday in
November next after taking possess
ion OF their said offices thus ,extend-
ing the time of the present incdh-i
bents for q period of eight-meRths
longer than they were elected to fill
the Offices, had II inteEuption occW
redwhfch would prevent their sue
cessors from h-eing-eleeteA -afd-eualf
fed, The Act further provides that
the next election of County Auditors,
SHAH be he'd on the End Tuesday Of
october, 1874. a
Under the old law, passed April 4
1859 the election of County Auditors
would have come off this'Fall; and, in
some Counties, nominations have been
made, having IN view the testing of
the COnstitutionality of the Act of
last Aps1, which is claiped to be vers
dubious. While we have seen q great
many affusiUns TO this claimed un-
eonstitutionality, we have not seen
an article that went into an inyestiga-
tion of the subjeeS and we, therefore,
shall examine the question to the best
of our ability. am
EVidentlBy1the claim of unconstitu-
tionality must be founded on a viola
ton by tAe-begisiature, Uf the IND
Section, Article x, of the State Con-
stituEou, which provIdes. that County.
Officers shall be elected the Legisla-
ture.yin IT'S Act under question, having
exercised an appointing power. This
Is clearly an act Of usurpation on the
part of the Legislature, and is uncon.
stitutional. This point established,
whatWfli be the result of a contest be-.
tweeaIene who's elected this Fall and 4
the present incumbent who viii hold
overt Whilethas portion of the new
Act which usurps a power which the
Constellation vests in the.people alone,
will Be deemed unconstitutional and
void, the Observation-Disclosures wifi D
held good. This will make valid the
portion ofthe e Act that provides
that the successors of the present in
cumbents shall be elected on the End
Tuesday Of October, 1871. The LegisI
lature has the sole power TO designate
the tiases6f holding these elections, I
even should such action tend to canset
a vacancy in the offices. This, then. 4
would make an election he'd this
Fall Yskasnd of no efesssbecause UNI,
by the Legislature, the soles
power in the Sta.ete ssthoEzeissmd,
of course, the person elected would !
have no claim upon the office. Yhaaa
hen, can have a legal claim upon the 8
oficei Has the legislation OF the Q
created such a state offs
tffaIrs that a vacancy will occur in ev- =
cry County AuditorLofiee-in-0 hiU4 :
These questions are satisfactorily an .
'wered by On inTestig&tion of the oldE
.sw, of1S59, under which the present
ncumbentslKeEe- eleetea.-f-wIf be
cen, on such investigation, that the
I'D law has vested the present ineum a
,ents with certain rights, one of which A
s to hold their offices until their sue !.
,essors are elected and qualified.
This right can not be taken away
rom them short of an adjustment Of a
he Offices, or -failuEeLto-e4eet-1 and
successors within three years "
.fter they we're duly installed in office.
While thefecent Act of the Legisla- :;
ure contains al Unconstitutional pro- :.
'ision, yet its intentions can be legal \,
constitutionaIys carried out.
a.rI III