Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1872-04-26
A POLITICAL EARTHQUAKE.
Can the August Elections he Held
COnsfffutfOuaIiy?

ConstitutionaIIy?
A knotty legal question has been
started by Tennessee paper, the Ameri'
can Rescue, in regard TO the Constitu-
tionality of the coming August elections.
Here is what the Rescue says:
Keep it before the people that the
Constitution does not authorize the hold
ing of an election for judicial aud other
civil officers in August, 1872.
Keep it before the people that the
Constitution says that "the election for
judicial and other civil officers shall be
held on the first Thursday in August,
one thousand eight hundred and seventy,
and forever thereafter, on the first Thurs
day in August next preceding the ex-
piration of their respective terms OF
service"
Keep it before the people that the Con-
stitution says the term of each officer
so elected Cat the August elections in
ls7O) shall be computed from the first
Monday in September next succeeding
his election.
Keep it before the people that the Con.
stitution says every officer shall hold
his Office until his successor is elected or
appointed and qualified. "
Keep it before the people that all the
sheriffs, trustees, registers and tax col
lectors of the State we're elected in
March, 1870, and that their terms Of SER
vice expire in March, 1872.
Keep it before the people that in order
for the election of said county officers to
have been legal and in compliance with
the Constitution the election should have
been. held in August, 1871, to have pre-
coded their vacancy.
Keep it before the people that every
officer holding the Office Of Sheriff, Trus.
tee, Register and Tax Collector will
hold over until the next biennial cleo
ton in 1873.
Keep it before the people that nobody
has authorized the holding Of any cleo
ton in August next, and that candidates
have simply announced themselves with
out knowing the time prescribed by the
Constitution when said election shall be
held.
Keep it before the people that no act
Of the Legislature can annul the Consti-
tuition by passing laws in conflict there
with.
Keep it before the people that at the
next biennial election in August, 1873,
the election will take place for County
Court and Circuit Court Clerks aud
County Registers, as the present term
Of said officers who were elected in 1870,
will expire on the first Monday in Sep
TENDER, 1873.
The only answer to this problem is
that offered by the Somerville Falcon;
In the schedule to the New Constitu-
ton, section first, we find the following:
That no inconvenience may arise
from a change Of the Constitution. it il
declared that the Governor of the State
the members Of the General Assembly
and all oficars elected at or after the
general election in March, 1870, shall
hold their Offices for the terms prescribed
in this Constitution
The terms prescribed in this Consti
tuition are two years. Therefore the
offices filed in March, 1870, expired il
March, 1872; and vacancy was caused
from that time until September, 1879
The new Constitution says, article s
section 4: "The election Of all officer
and the filling of all vacancies not other
wise directed or provided by this Con
stitution, shall be made in such man
ner as the Legislature shall direct.
The Legislature, in accordance with
this provision, chapter %, section /
passed the following act: That ever,
judicial and civil officer elected at thu
election held on the 2sth day of March
1870, or since that time, or before th,
6rst Thursday in August next, and VII,
has qualified or may qualify, shall con
tinue to hold hisoifice for and during th,
time Tor which he was elected, and unit
his successor Is elected sud qualified