The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1870-08-09
Does the Statute Authorize the
Election 81 . County Auditor
This EalH

Gently addressed letter to the Auditor
of State, asking for his opinion upon the
Constitutionality of the act passed by
the Legislature last April. extending the
term of the Office of the County Audi
tors from the first Monday Of March to
the second Monday of November, 1871.
In answer to this letter, the Auditor of
State, under dste of July 4, delivers
quite lengthy opinion, concarred in by
the Attorney General, upholding the act.
We make the following extracts from
tlis opinion:
afou we're elessled County Andit5r in
October. 1868; aNi took posscssiGor of
your office the first Monday of March,
1869, and by the act of 1859 your term
extended to the first Monday Of March.
1871, and Until your successor should
lfe- elected and qualified Tie act of
1858 has been repealed, lid your term
extended to tile second Monday of No
vcmber, 1871. Now, If it were held
that the clause extending your term is
Intellectual of itself, it is clearly shown
above that yhur successor can not take
his office unt'l. the second M6ndaf of
November, 1871, and you will hold.the
Office until the latter day.
Again, your successor must be elected
in pursuance Of an act of the General
Assembly, and take and hold his office
in pursuance of such act. The act OF
April Is, 1870, is the only act now in
force on the subject, and by its provis-
ions. unless vacancy occur more than
thirty days prior to the second Tuesday
OF October next, your successor can not
take possession Of his Office until the
second Monday of November, ISL
How is It possible, then, for him to take
possession III March, 1871?
This act, now in force, also provides
IN the circumstance existing in your
county. that an election, unless in case
6f vacancy, shall not be held Until Oc-
tdher, 1871. What PROVISION of the
Constitution does this clause of tile act
violate? / think it will puzzle any one
to point out any principal or provision
of the Constitution violated or infringed
by this, or any other clause, Of the act
OF 1870.
The thc5ty of tile wtiter in the Torch
light is that your 6liite will become va,
cAht IL Maith, tsTi, therefore ap cleo
ton should he held in October, tS70.---t
The statute, however; aqd. the only sx-
isting statute on the subject, provides
that all O3nnty Auditors hereafter elect
ed shall take posscssioh 81 their 0hice
the second Monday Of November, ne&t
Alter their election. Now, il an election
be held in October next, tile pafty elect
ed can n5t take posscssio1 81 the Office
in November next, because .S6ur term
will mol have then expired. He can not
take possession Of the Office III March
next, not only because the law does not
authorize 1t, but becaHse if vacancy
occur in March, 1871, the statute cx-
pressly provides that the Cotlhty Com
missicners shall fill it until the Novem-
Der following, and the election for the
term shall he held in October, 1871; so
that the party elected in 1870 could nev-
er get possession Of the Office.
Again, suppose an election held in
1870, followed BY an election in 1871, as
would most likely occur, and the party
elected in 1871 should qualify, give bond
and demand the Office, the question
would at once arise, which of the two
would be entitled to the office. The le-
gal difficulty supposed by the writer re
ferred to, 70 aiise in the case, would not
be obyiated by an election in 1870. in.
deed, il the Theory pf the writer in the
Touchlieht be well founded. the difficult
lies and embarrassnicnts would be mex
trcable and the Legislature be deprived
Of the power expressly conferred upon
t by the Constitution, to change the
lime Of clecting County Auditors from
October to any other month in the year,
and Of extendihg the term of the Office
from two to three years, as in these
events an interval must occur. between
the expiration of the old terms and the
Of Tie new.
For the reasons thps gwen, ,and others
which might be stated, / am Clearly of
.he opinion that the act of April Is, 1870,
is valid in every clause and provision,
and will be Sustained by the Courts. If. |
Notwithstanding this opinion, you ahd
The people Of your county desire to pre-
rludc the possibility Of Tie question be.
Ing raised in the Courts this can be at
tanned By electing the Same man in 1870
and 1871. Then there can be no one to
raise the question"
Notwithstanding the above, Auditors
win be elected in nearly all the counties in
Ohio this fall. The constitutionality of
Lhe Law will be tested