Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-09-16
OFFICES VACATED.
The Effect Of the New Constitution Upon
the Condition of Place-HeldeFs.

We append the opinion of a learned
lawyer of this city, furnished by him TO
the excellent Chairman Of the County
| Court:
To Il. @. Bleckley, Esq, Chairman OF the
Shelby County Court:
The effect of the adjustment of the
old and the creating of a new Constitu-
ton of this State, is TO wipe out all the
avs and offices, both of State and coun-
ty, and with them, necessarily, the in
cumbents of offices as they existed under
the old Constitution, unless there are
some provisions lna0e in the new Consti-
tuition modifying tho said effect. None OF
the officers elected blythe County Court
are mentioned in tho new Constitution
excepting those of Coroner and Ranger.
In section l, article 8, of new Consti-
tuition, Justices Of the Peace are classed
in the Judicial Department, ETC., and /
think they should be considered as Judges
in the proper construction of section ! OF
schedule in that part which says "Ofi-
GERS appointed by the our shall be filled
by appointment, to be made and to Jake
effect during the first term of the court
held by judges elected under the Consti-
t~ution;" and / am of the opinion that
said clause applies TO Inc governs the
election of Coroner M Ranger.
There would be no other officer elected
by the County Court but for section :,
article Z, of new Constitution, which says:
1.-The election Of all officers and the fill
ing of all vacancies not otherwise directed
or provided by this Constitution, shall be
made in such manner as the Legislature
shall direct"
And section /, of article IL, of new Com
stitution. which saws "AlI laws and ordi-
nances now in force and use in thiI State
not inconsistent with this Constitution,
shall continue in force and use until they
shall expire or be altered or repealed by
the legislature" Ia4at
By the two last stated clauses, the laws
creating the several offices mentioned IN
you communication OF date 9Th Septem-
Der, 1870, and governing the election and
qualification of the officers, were adopted.
Section 5 of schedule of new COnstitu-
ton does not require any of the officers,
about whom you inquire, to take an oath
TO supportthe new when they were elected
under the old Constitution, so that they
may hold over; but said section, in *
press terms, mentions Judges q every
officer of the Executive Department and
every Sheriff, and stops with the mention
of them; there is no part of the new Con-
stitution that makes that requirement of
other officers.
L Am, therefore, of the opinion that
the Coroner and Ranger, who are
holding over, cease to be such so
soon as the County Court shall under the
new Constitution appoint others, and
that by provision in the schedule of the
new Constitution the various other Of
io5rs holding owe under elections by
the County Court, shall vacate their
places thirty days after the day fixed for.
the election of their successors under the
new Constitution.
/ am of the opinion that the Quorum
County, Court, either under the old or
new Constitution, had not the W to
elect any of the officers about whom you
inquire, for the reason that both Consti-
tutions say that the Coroner and Ranger
shall be elected by the Justices of the
Peace, and the statutes say that all of
those officers shall be elected by the JUS
tices OF the Peace in County Court as
sembled. (See section SI7, codeL. And
again, that every county is a corporation,
and the Justices in County Court assem-
bled are its representatives, and author
lied to act for it. (See section 402, eode(
And again, the Court may, a majority of
the Justices consenting, adjourn the cleo
ton of said officers from the first to a
subsequent day of the term. (See section
$50, code). SAID clauses of the Constitu-
ton and statutes clearly and conciusively
sustain my opinion on this last point,
and that the Quarterly County Court
alone is vested with the power in ques-
ton. W. p. WILSON,
Attorney for Shelby County.
September %, 1870.
BROADWAY style silk dress hats at
Wheaton q Co.'s.