Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-10-05
Arnia. TrxAa. llcnt. ll. la72.

h'''lFf 'hNN's tNIh ~ '''s
10 the Hon. q. NJ. Winklcr, Chair
man Democratic Central Commit
tee, Corsicana, Texas:
SlR-ln accordance with u rrso
luton Of the State Democratic Con.
vcntiun, appointing tho undersign'
ID u committee, and requesting
them to investigate the tenure tC
office Of tho Governor, LicntcnenI
Governor, Superintendent of Edu
cation, and other State officers
aud report the result TO yon, we beg
leave to submit the following rs
the result Of our deliberations
without giving ut length all the
reasons that have led ~ to the
conclusions arrived ut,
OFFICE or GOVERNOR,
The Convention which framed
our pi cscnt State Constitution did
not, in the body Of the instrument,
designate the period ut which the
term Of flee Of the first Governor
elected under il should begin =
But By an Election Declaration
adopted by them on the day of
- it was provided that an cleo
ton should DO held to fill all the
Offices declared by the Constitution
to be elective on the first Monday
in July, 1869. And that all the
officers so elected should hold their
offices for tho period of time fixed
by the Constitution, beginning
from the day OF their election.
This election was not held at the
date fixed by the Declaration, but
took place on the Both Of Novcm'
Der, list, I'd, and 3D. Of December,
1869.
A resort to the strict rules Of
Constitutional and Statutory con-
struc:ion would probably justify
the conclusion that the Governor
and other State officers elected I'M
der the provisions Of this Declare
ton, should hold thcir offices for
four years from the day Of election
fixed by the Declaration.
AS, however, the Declaration
also proyides that the officers so
elected shall hold their offices for
the term Of years presented by the
Constitution, to compute their
terms OF Office from the first Mon.
day in July, 1869, would give them
n less term than that allowed them
BY the Declaration, the Commit
tee are CT the opinion that the date
of the actual election, viz: the 3D.
of December, 1869, and not the
fixed date by tho declaration,
should be assumed as the proper
day from which to compute the
term of lhei.' offices, They there.
fore hold the Sd Of December, 1865,
being the day when the Governor
was elected, us the day when his
Office commenced, and that it con
,inucs four years from that date,
and that the terms OF office OF the
present Executive docs not expire
on the first Monday in July, 1878,
but that nc continues in office un-
til the 3D. day Of December, 1878.
The commencement Of the term
of office Of the second Governor,
elected under the Constitution, is
fixed by article ", section Nv,
installment. That day is declared
by the Constitution, article ~, to
be the first Thursday after the
Legislature assemblies, or rs soon
thereafter rs practicable,
This clause, however, has no
reference to the term of the first
Governor elected under the Con-
stitution, as the Election Declara-
ton provided a different rule for
determining the commencement OF
his term.
LIEUTENANT GOVERNOR.
We arc Of the opinion that ow-
ing to the acceptance by the Lieu.
tenaat Governor of the office of
United States Senator, there now
exists II vacancy in that office
which can only be filed by an
election. The Senate, in the mean
time, can elect presiding officer
.or the time being.
TREASURER, COMMITS
sloNER OF THE GENERAL LAND Of
FICE, ETC.
We are of the opinion that the
terms of office Of the Comptrollor,
Treasurer and Commissioner OF
the General Land Office commcnc-
ed from the day OF their cleo.
ton in December, 1869, ard
expire in four years from that date,
and that they should be filled by
election at the same time that the
Governor and Lieutenant Govern
or arc elected.
SUPERISTENDENT OF PuALIC IN
sTRUCTIoN.
We are Of the opinion that ar
liclc TX. section III, creating the
office OF Superintendent of Public
Instruction, contemplated that his
first term might be fractional
one. The first section Of that act
Of August 18th, 1872, being an act
to establish system of free schools,
provided that he should hold his
Office until the first general elec-
ton OF State aud county officers,
and until his successor is elected
and qualified. Under this law, we
believe that he holds his office I'M
Ill The next general election of
Sta" and county aficcrs, which
should take place in 1873.
MEMBERS OF THE LEGISLATURE.
The committee are further of
the opinion shat the terms of of
fca of tho mcmhprs of the first