The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-11-30
''Eminent lawyers Give N KTasty
Opinion.
JACKSON, Nov. IL. 1871.

GOVERNOR: We have examined the qucs-
ton proposed in your letter Of This date.
| and are clearly of opinion that the tenure of
all officers elected GA the eth inst will begin
| on the first Monday in January. 1874 and
not before. We will briefly state the rea-
sons for this opinion.
Under the Constitution OF 1892, general
elections were fixed for the first Monday in
November. biennially. and by the decisions
of the high court. the Tenure of the differ
ent officers WAS regulated with a view to
that time, as period at which they should
begin.
This produced great practical incOnven-
fence, as it always took several t!avs-some-
times weeks-after an election for the otfi-
GERS elected to qualify; and it not infre-
quentlv happened that weeks would elapSe
after the term Of an officer began, before no
could enter upon the discharge of his du-
ties. To remedy this Inconvenience and to
promote regularity and uniformity in the
commencement OF official terms an amend
ment of the constitution WAS adopted. bv
which it was provided that the terms Of all
officers chosen at general election should
commence on the first Monday OF January
next succeeding the election. and continue
until their successors should be qualified
The present constitution of the State pro-
vides that'the political year of the State of
Mississippi shall commence on the first
Monday Of January in each wear, and that
the general election shall be holden on the
first Tuesday succeeding the first Monday
in November biennially."
BY the phrase political year" the con-
vention clearly intended TO designate the
period at which the term of all officers cleo
ted ut the general election should begin, in
order that there might be uniformity in the
commencement and ending of official terms.
and that all officers elect might be able to
qualify before the cOmmencement of their
term OF Office, and thus be enabled to hold
for uniform period and for the full term
ri he'd nv the itlItinn.
If such is not the meaning of the words
political year, we are unable to afliX any
meaning to them. This construction viii
harmonic the practice under the present
constitution, with what past experience
proved to he of such practical Importance,
as to require an amendment of the constitu-
ton i'm order to effect it.
Unless the term political year was in
tended to fix the period when the term of
officers elected at a general election should
b-gin. then the constitution is silent upon
the subject, and we are necessarily driven
to the construction placed by the court up
on the constitution OF 1882, and must hoia
that the term OF officers elected At Il general
election begins and ends Oh the day of the
general biennial election. After the prac-
teal inconvenience OF that construction, we
are satisfied that it should not be adopted
unless no other reasonable construction can
be given. Nor can we adopt IL. unless we
ignore the meaning AMI effect of phrase,
s.political year." used i'm the present cOnsti-
tuition. AS far as we have heard an eX-
preston of opinion from members OF the
bar or politicians, they all coneede that
these words were designed 70 Tx period
for the beginning and end OF the official term
of ALI officers chosen at a general election"
We are aware that an opinion has been
entertainment the Attorney General that
the electioA on Tuesday last was not gen
eral election" In this we cannot concur.-
IL will be seen at once thas the election law,
approved Nav Is, 1871, declares that "a
general election shall be held in each coun-
tv on the first Tuesday after the first Mon
day in Nov, 1871, and biennially there
after, as required by the constitution of this
State"
From this it will be seen that the election
was general" and not special, and so de-
clared to be by the Legislature; and that it
was not intended merely for the purpose OF
filling the terms of officers holding the 6th
section of article IL OF the constitution. The
Legislature had already made provisions for
fiIlipsthese offices by the act OF April 1870
giving the governor fun power 10 act IN
every emergency arising under that sectlon
of the constitution. It is very evidentfrom
the whole tenor of the legislative enact
ments, and particularly from the election
law of Nav 10. 1871, that the legislature IN
tended to end the merely provisional
powers and requirements OF the constltu-
tion, and to put into full operation Perfna-
nent constitutional government IN whlch
the offices would be filed by election of the
people. and not by appointment OF the ex-
ecutive.
In looking over the election law OF May
II 1871. we notice a provision the term of
scounty officers and of officers in a district
of county, shall date from the quallflca-
tionss of those officers, and that officers EN-
braeing more than one county ia their us
trict shall be commissioned by the GOV,
ernor. and, when go commissioned, snail
Immediately qualify and enter upon their
duties as required by law:
We believe these provisions OF the eiec-
ZION IaSv To he unconstitutional. because they
are in conflict with that provision OF the
Prostitution which fixes the "political year
for the first Monday in January, anu there
by fixes the period when The term olllcerS
elected under the Constitution at a general
election shall begin and end.
Very respectfully, your obedient servants,
w. YERGER,
w. L. HARRIS,
A. X. JOHNSTON.