Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-06-08

1871, on which last mentioned day
according TO the opinion OF the At
torney General, aud | believe, OF
most lawyers of the State, the Leg
islaturo elected in tie Fall Of 1869,
expired. 1t will, then, be the duty
of the Legislature to be c'cctcd on
the 9TH day Of November, to pro
vide for the election Of their sue.
ccssors in November, 1873, and, at
the same time, Of Governor, Lieut..
Governor, Comptroller, Treasurer,
Commissioner of General Land Of
fec, &C., &c, also, Of Shcritfs. Dis
trict Clerks, Justices Of the Peace,
and other county officers.
/ can not suppose that any person
who has read all the provisions of
our Constitution relating to the el.
lection and Inauguration of tho
Governor and other State officers,
would scriousl y contend that an
election of those eiiivor, should Ls
held in November next.
lfthc Governor, Lieut. Governor,
and other State officers arc elected
then, all county oificcrs who We're
elected at the same time and for the
same term of Office, should also be
elected. Now, the Governor was
installed on Thursday, the 2Sth day
of April, 1870, and his term of office
will expire on that day in 1871, Il
year and half after the proposed
election. You will perceive (COn-
stitution, Art. 4, See. ~ that he
holds his Office for four years from
",hc time of his instalImcnt.' Other
of the State officers and the county
officers generally, were installed at
even later date, and they "alI
hold their offices for four years"
Is it in accord with either the in
tent or the word of the Constitution
or with the spirit of our instilu-
tions (Which looks especially tothc
choice and installation of officers as
fresh from the people rs possiblc),
that ali the officers Of the State,
from tho highest to tho lowest
should be elected so long II time be-
foro installation? | think not.
10 put this question from anoth
cr point of view, let us assume that
an election be held for Governor,
etc, when should this new Govern
or be installed or inaguratcd? The
Constitution, in the section already
quoted, says this shall be ION the
first Thursday after the organiza,
ton Of the Legislatures" This
Thursday, as the law now stands,
will be the 10th day of January
next. Is it proposed to inaugurate
the newly elected Governor on that
day? If so, the State might have
two Governors for the term Of one
year, three months and twelve days
thereafter, as well rs two sets
throughout of fother State and coun-
ty officers, for Il still longer inter
val of time. To indicate this ncces,
sary result seems to be sufficient to
show the absurdity Of tho propo.
sition. | do not believe the newly
elected Executive of this State, OF
of any other State, has over been
inauguratcd previous to the day of
the expiration of the term of office
of tho previous incumbent.
must further, on this question
call attention to the circumstance
that there is now no law fixing g
day for the election of Governor
and other State officers either in
November next or at any Other
time. This was undoubtedly an
accidental omission or oversight ot
the Legislature, but the new Leg
islature will have ample time tC
remedy the defect, and should they
fail TO do so (Which 4. will not pre-
sume), it will then be soon enough
to inquire as to the duty and pow
or OF the Governor in the premises
In conclusion. and to relieve all
doubt, fany exists in the public
mind on this subject, | will say
that no election for Governor and
other State or county officers, eX
cept 10 fill vacancies, will be held
at tho election in November next
take pleasure in giving you tho
authority you request, to publish
this communication.