The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1870-09-02
as conveniently al they appointed tho
original incumbent.

as conveniently al they appointed tho
original incumbent.
If it wero not for section 16 Of article
8 Of the Constitution, think there wouh
be no pretensc but what IN case- Of q
vacancy in the Office Of County Judge. it
could be flied at the next general election,
because it is a political axiom that when
an Office becomes vacant the power that
made the rofiice aud filled it, can Gil IL
again, unless. they have delegated that
'authoriiy 10 some other power. III they,
have surrendered that power it should
be by express and unequivocal words.
The words are: '.Ths Governor may
fill the vacancy until successor is elect
ed" Vacancy IN an Office means the
wa"t of an incumbent at the time. Il
has no reference to duration Of slime, and {
the appointment Of n. person to flf =.
vacancy pro tenpore does NO invest him
with full term unless the law SO ex-
pressIy provides. Vacancy in an Office is
one thing, and term j. another. IN Office
may be vacant and filed many times dur
ing term Of four years. Ian, therefore
of the opinion that the appointment Of
Mr. Gcary continued only until the next
general election after his appointment,
and until his successor was c!cctcd and
qualified. &c
The second position taken by the plain
TIFF is that the term Of County Judge IS,
fsur years; and that when in any county.
judge Is elected aud dies, or vacancy
occurs in sny way, that it is vacancy
extending 10 the end Of the term that
the word vacancy means an ibserregpum,
a hiatus Of definite duration, that is to be
filed by the appointing power, and that
whoever is appointed or elected to fill
that yacancv can only hold TO the end OF
the term of four years from the time OF
| the election of the original incumbenr
whose default has made the vacancy. l.
will now proceed 10 discuss this position.
The Constellation Of the State declares
that there shall be elected ia each county
for the term of four years county judge.
|, does no; say in this section when the
| Judge shall be elected, and 10 the absence
Of any provision 10 the contrary he must
| be elected Ut the general election when
all vacant elective Offices are to be filed.
| have already expressed the opinion, 10
considering former paft Of this case,
that the proper construction of the Con-
stifution Is that q. u general election u
county judge may be elected in any.
county where that Office is vacant, or the
term of an incumbent is to expire at such
election. In new county he would be
elected at the frst general election after
the county is organized. If he die or
resign OF the Office in any way becomes
vacaIt, then the term is ended. The
word term, as applied to county judges,
soniers the right 10 b IL four years on
the person elected, and was not Intended
TO establish distinct quadrennial periods,
extending through future time, which
must each be ended by actual lapse Of
| time before new term could commence.
think the term attaches to the person.
That when county judge is elected hs
has n franchise for four Jears provided
he continues to exercise il. If he resigns
he yields up the franchise to the power
Who conferred it on him, aud the poodle
may elect u successor. which confers the
| franchise on him. anu there is no inhibi-
tion to his holding il for four years; aud
county judges may be, and are, sleeteds
in some OF the counties of the State,
every general election.
The object OF the term Of four years,
was to secure. experience and independ-
ence in the judge, by avoiding too fIe-
| quent changes And this will be best
secured By adopting this view Of the sub
jec:. And think it is apparent that
such was the manifest intention of the
framers of the, Constitution, and Is the
natural construction Of the language of
the Instrument.
In the State Of New York, in cas-
similar TO this, where the Constitution Of
that State provides thatfthe Register of
the city OF New York shall be chosen by
the electors once in every three years and
as often as vacancies shall happen, it has
been held that where person was elected
Register, and died or resigned, or the
Office became vacant for any cause, the
person who was elected to fill such vacancy
could hold the Office for full term of
three years and beyond general election.
See Coutant VS.. The People, IL Wend.
Il 5l2; also, People rs. Green, 2 Wend.
267 These cases are Identical in prin-
ciple with the case at bar, and l think
such is the proper construction of our
| Constitution. -
Taking this view of the case. Therefore,
! I shall hold that Johns was elected in
June, 1868, for the term of four years.
Is r. 2. BOISE, j.
But few people have anything like an
adequate sense of the vast cumulative
power rof compound interest. Some math-
ema,ically inclined person recently pub