The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1870-12-29
[coMMUSIcATED.l
WHEN To INACCURATE THE
STATE OFFICEkS.

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The Territorial Enterprise in an trti-
Gle published last week took the
ground that the Governor and other
State officers could not be installed
into office before the 9th Of january
that being four years from the date of
the installment of their predecessors.
This is true If we consider the official
year as corresponding TO the calendar
ear for 1t is a matter of record that
the present officers were installed into
office on the Sth day of January 1867,
and thatdayin 1871, falling on Sunday,
following out the rule of law, the 9th
would be the day for the installation
of the new officers. The Enterprise
bases Its argument mainly upon the
| following clause in the Constitution /:
article 8 Sec. .. The Governor
she'll be elected by the qualified cleo
tor at the time and places Of voting for
members OF the Legislature, and shall
hold his office for four years from the
| time of his installation and until his
successor shall be qualified" Section
IL OF the same article applies in the
same manner 10 the Lieut.. Governor.
See. 10, same article, makes the same
reference to the offices of Secretary of
State, Treasurer, Controller, Surveyor
General and Attorney General. See.
10, Article IL %(schedule) says "At the
general election in a. ID. 1866, and
thereafter, the term of Senators shall
be for four years from the day next
succeeding such General Election,
and members of the Assembly for two
years from the day succeeding such
General Election
Article 3 fixes the terms of the
Judges Of tho Supreme Court ut six
years from the first Monday in Janu-
ary-and of the District Judge four
years from the first Monday in
January.
Now let us see what the Constitution
meant by years; for as n rule of law,
where a clause in the Constitution is
susceptible of two antagonistic con
st~ructions, the II preservingthe spirit
should prevail. There are several
kinds OF years; for instance, the astro-
nomical year., the calendar year. and
the official year. The astronomical
year contains three hundred and sixty
five days and nearly six hours. The
calendar year contains but three hum |
dred and sixty-tive days,except Bisex-
tile when IL contains one more. The
State Of New York found ii necessary
to fix the number OF days constituting
an official year, ut three hundred and
sixty-nve. and of a half year at one
hundred and eighty-two; yet the latter
does not equal the half of the former
by half a day. IL is evident therefore
that the trainers of the Constitution
did not refer to any particular number
OF days, hours or minutes, rs consti-
the year; but to the official
year, in which. according TO the decis-
of the Scotch Courts, tho yearand
day are to be reckoned, not by the num-
Der of days which 90 to make up the
year, but by ''the return of the day of
the next year, which bears the same
denomination" Now what does that
mean? Does it mean the sth day, or
does il mean the Tuesday next after
The first Monday? If the former, then
the case of many officers, the MEM
bers of the Legislature for instance, as
will be seen by the clause in the Con-
stitution referred to, the election may
AXE place on the 9th of November,
md the members then elected hold
office; if Senators, four years from the
10Th; their successors may be elected
,n the 3rd of November, four years
rom that time, and hold their Offices
rom the 5th of November, six days
before the expiration of the terms of
heir SUCCESSORS. In hat case, suppos-
ny the Legislature to be in session,
would il be ~contonding that the old
members could continue in Office? If
%, then certainly the new members
re entitled under the express provis-
ons OF the Constitution To take their
eats i'm the Legislature. With this con-
truction the Legislature must be rep
esentcd by double the number al +,
owed by the Constitution. The same
ule will apply to the Supreme Judges
nd also the District judges. The terms !.
4 all are liable to lap from one TO
days.
Again, taking the theory of the En- :
If we count the days why not
he hours, minutes and seconds-for
he astronomical year is reallythc only
year.
IL the true spirit Of the Constitution
taken, certainly Governor Bradley {
! entitled to be installed into Office on /.
he Tuesday next after the first Mon
ay in January, and if Governor Bias
could hold till the 9th, then the
tate might be blessed with two Gov {
rnors for six days, in direct violation A.,
1 the Constitution. Lieutenant Gov I
rnor Denver, and all the other State
Ulcers, would be entitled TO be in {
tailed Into Office on the same day the ,
Governor Is. We would have two pre-
iding officers over the Scnage, and all 9
ne state officers duplicated. suppose
Bradley had met with some
ccident on his way to the Capital, !,
a delay until the first OF March :
A his Inauguration, would 1t follow 3
nat he could hold his Office four years I
ON that time? or that all the State
Ulcers elected at the last election !.
hould wait until that date 10 be in :
into their offices, and that they &
'ould hold for four years thereafter?
The Gold Hill News even claimed
lat the Legislature could not convene
ntil the 9th of January. The Consti-
ition fixes the first Monday In Janu-
~ as the day ON which the Legisia- p
IRE shall convene. and the true spirit, |,
and common sense of that =
81 WfrN4nnt h.-sx.A. ~ ~. II -