Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-03-15

| the constitution, that the counties of the
| State shall be laid off into districts of con-
venient size, 50 that the whole number in
each county shall not be more than TWEEN
| ty-fiye; and that there shall be two JUS
tees of the peace elected for each dis
trict, including county towns, which
shall elect three, etc.
In art. z, sec. 1, it is provided among
other things, ''There shall be elected for
each county, by the Justices of the
Peace, one Coroner and one Ranger, who
shall hold their offices for two years.
By sec. 2 of said article, 'sshould any
vacancy occur subsequent to an election
in the office of Sheriff, Trustee or Regis
ter, it shall be filed by the Justices, " etc.
1t will be seen that the same officers
are here to be elected by the justices of
the Peace"-that is the Coroner and
Ranger; and, in case of vacancy, of
Sheriff, Trustee and Register, that were
by the constitution of 1896, art. 6, di-
rected to be appointed by the ''Couniy
Court" 1t is true that the Sheriff and
| County Trustee, who were to be appoint
| ed by the County Court by said 9th arti-
Gle, are to be elected by the provision OF
the 7th article, sec. 1, of the constitu-
| ton of 1884, by the people, except IN
| case of vacancy. Yet we do not see
how any one can take the two articles to-
gether and the facts existent, at the time
Of the adoption of the constitution OF
1884, and not conclude that the only
change intended to be made by the con-
vention in the article 6 of 1895, sec.
| l. was that the Sheriff and Trustee
should be elected by the people, but the
| Rangers and Coroners were to- continue
to be elected by the Justices of the Peace
| that is, by the County or Quarterly
Court assembled as has been their wont
from the foundation of the States. That
by 'Justices of the Peace" in article z,
sec l, of the constitution of 1884, was
meant precisely the same thing as ''Coun-
| ty Court" in article 6 of the constitu-
ton of 1896.
This view of the case is strengthened
by the fact that there is no provision for
their special assemblage for the purpose of
performing the duty with which they are
here charged in the election of these Off
GERS; and it certainly was not contempla-
ted that their election was to be by the
Justices, each voting or choosing in his
| separate district, without concert with
his co-justices of the same county.
Contemporary construction as given by
the action of the Legislature, and
of the people or justices in the
election of their officers after the
adoption of the constitution, strengthen
and confirm this view of the case. We
| find in the compilation of our statutes,
made under the direction of the Legisla-
ture in 1896, Immediately after the con-
stitution went into effect, that the act of
1929, Oh. 81, is continued. That pro-
vides ''it shall be the duty Of the several
County Courts in this State at any time
when a vacancy shall happen, to elect
one Ranger" ETC., and at the head of the
chapter-constitution of 1884, art. Z,
sec. lis referred to for the constitu-
tiOnal provision giving the authority for
the election. See Mich. and Car. p. $50.
AS to CorOneTs, the act of 17S5, CHI. 8, is
continued in said compilation, ''that each
Coroner shall, 'before'the Justices in court,
enter into bond, etc See p. 1856, N. and
c., sec. 6, and under the title County
Court" will be found the act of 1917, oh.
As, sec. s, providing that call elections
for Rangers and Coroners shall take place
on the second of the term, as formerly,
on which day it shall be the duty of all
the acting Justices of the Peace of the
county to attend for that purpose.
TO be continued)