Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-08-13
1gaE ooayNrx JUDGEsHIf.

tire next August, st which time al such
vacancies are required to be hlled.-Ihe
BG'sser. 10 G III u. ia -.
Our local contemporary is mistaken in
the opinion that the Governor has the
power to- fill the vacancy occasioned by
ee death Of Judge Turner. he is also
mistaken In the opinion that "whoever
may be appointed win serve until the
general election of the next Legislature
next August. :" AS there is considerable
interest felt upon this subject in our COM
munity at this time, we propose to give
as clearly as we are able the law, as we
understand it to be, relative thereto. zaas
InFebruary 1856, an act was passed
creating the Office of County Judge for
each county in the State. In November,
1857, that act was repealed. In Febru-
airy, 1858, the Legislature re5estsblished
the office for, Davidson, Shelby, Knox,
Montgomery and Williamson counties.
This provision is carried into the Code,
section 316. & He is to be elected by the
qualified voters of his county on the same
day with other county officers, person
learned in the law, to be styled County
Judge, shall hold office for eight years
from the date of his commission, and be
commissioned and qualified as other
judges. By an act passed. in March,
1858, exclusive original jurisdiction of all
criminal offenses under the grade Of petit
larceny, committed in Knox county was
conferred upon the County Court of that
county. In June, 1858, Edward Moore
was convicted before the County Judge
of Knox of the unlawful sale of spiIitu-
Gus liquors. Moore appealed to
the Supreme Court insisting that the
Judge of the County Court had no juris-
diction of the case; that the office of
County Judge had no legal existence, and
that his election on the same day with
other county officers was contrary to the
Constitution. The amendment to the
Constitution, giving the election OF Judges
to the people, adopted in 1858, forbade
the election to be held on the same day
with the general elections. The Supreme
Court of the State, In this case of Moore's,
Is Sneed, 51O,) say:
II is with the Legislature TO determine
how many and what kind of courts are
required for the administration of justice,
and what shall be the character and limits
of the jurisdiction of each. They may
likewise christen the presiding officer with
any name or title they may consider most
They might have denomina-
ted the officer in question a chairman, q
chief squire, president, or presiding Off
Ger, as well as judge. This could not
affect the validity of the set by which he
was brought into existence.
The Supreme Court in this case fur
ther ssys that this act is not violative of
the provision in the amendment to the
which forbids the election
of Judges on the same day that the gen.
eral elections are held.
Tue, this Judge is TO be elected on the
same day of other county elections, but
the Constitution hsd no reference to the
election of county officers, no matter by
what name called in the provision made
for the election of the regular judicial
officers of the State. ...-.
1t therefore appears from this decision
that, notwithstan ding this officer is called
} Judge, yet he is not Judge in the
sense used in the Constitution, but is
merely a county officer, and his office
imply a county Office. f
In tie case of Saffrans VS.. Ericsson,
Caldwell, page 1, the Supreme Court
gain determines that the office of County
Judge is a county office. Saffrans was
elected County Judge in Shelby on the
anne day of the election of other county
ulcers. Ericsson, who was the officer
holding the election, refused to count and
eturn the votes for County Judge so
hat SAffrans could get his commission.
The Supreme Court compelled him to do
o, holding that the office was county
'fice, that the Judge had simply the
,owers previously discharged by the
luorum Court or Chairman of the
Jounty Court Il is very evident that he
as none of the judicial functions of q
udge as prescribed by the Constitution.
There is no change in the new Constitus
ion of 1870, which changes the law as
onstrued by the Supreme Court in the
ases above cited. The Office of County
Judge then being county office, it is
ontroled by Section II of Article X of
be new Constitution, which declares that
no county Office created by the Legisla-
ure shall be filled otherwise than by the
'eople or the County Court"
1t being evident then to our mind that
his Office is a county Office created by the
and that it can be filled only
y the people or the County Court, the
questions then arise, shall the vacancy &C.
asioned by the death of Judge Turner be
lied by the people or by the County
Jourt, and when filled shall it be only for
he unexpired term for which Judge
Turner was elected? or shall it be for
ull Term from the date of the new COM
mission?
Section Article VII of the new Con-
titution says:
Election for judges and other civit Of
icerS shall be held on the first Thursday
n August, 1870, and forever thereafter
IN the first Thursday in August next,
preceding the expiration of their respec-
i've terms of service. The term of each
,fflcer SO elected shall be computed from
he first day of September next succeed
ng his election. The term of office of
he Governor and other executive officers,
hall be computed from the 18th of Janu
Try next after the election of Governor.
No appointment or election to fill q va
LII l. IL 81