The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-12-18

49, AAA~-AA
OF Once.
AUSTEN, Texas, Sept. Il, 1872.
To Hon. C. ". winklcr. Chairman DsmocniIc Central
COMMITTEES, Corzicana. Texas
Sir-In accordance with a resolution Of
the State Democratic Convention, appoint
INK the undersigned a committee, and re-
questing them to investigate tho tenure Of
Office Of the Governor, Lieutenant Governor,
Superintendent of Education and other
State officers, and report the result to You,
we beg leave TO submit the following as the
result Of our deliberations without giving
at length all the reasons that have led us TO
the conclusions arrived at.
OFFICE or GOyERNOR.
The convention which framed our present
State Constitution did not, in the body of
that instrument, designate the period at
which the term Office of the first Governor
elected under it should begin. But by an
election declaration adopted by them on the
- day of -, it was provided that an
election should be held to fill all Offices de-
clared 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 the 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 thirtieth of November, first, second and
third of December, 1862
\ resort to the strict rules Of Constitu-
tional and statutory construction, would
probably Justify the conclusion that the
Governor and other State officers elected
under the provisions of this declaration.
SHOULD hold their offices four years from the
day of election fixed by the declaration.
As, however, the Declaration also pro-
vidcs that the officers so elected shall hold
their offices for the term of years prescribed
by the Constitution, to compute their terms
of Office from the first Monday in July,
1863, would give them a less term than
that allowed them by the declaration, the
committee are of the opinion that the date
OF the actual election, viz, the third OF
| December, 1869, and not the date fixed by
the declaration, should be assumed as the
proper day from which to compute the
term of their offices. They therefore hold
the third day of December, 1869, being the
Cay when the Governor was elected, as the
day when his term of Office commenced,
and that it continues for four years from
that date, and that the term of Office of the
| first Monday in July, 1878, but that he con.
tinues in office until the third day of Dc
cember, 1878.
The commencement of the term of Office
of the second Governor, elected under the
Constitution, is fixed by article four, sec
ton four, and by its terms begins on the
day of his instalment. That day is de-
/ clarcd by Constitution, article four, section
four, to be the first Thursday after the Leg
islature assemblies, or as soon thereafter as
practicable.
This clause, however, has no reference to
\ the term of the first Governor elected un.
der The Constitution as the election decla-
ration provided different rule for de-
termining the commencement of his term.
LIEUTENANT GOVERNOR.
! We are of the opinion that, owing to the
acceptance by the Lieutenant Governor OF
/ the Office of United States Senator, there
now exists O vacancy in that Office which
can only be filled by an election to be held
at the same time as the gubernatorial cleo
ton. The Senate, in the meantime, can
elect presiding officer for the time being,
COMPTROLLER, TREASURER, COMMISSIONER
or THE GENERAL LAND OFFICE.
We are of the opinion that the terms Of
Office of the Comptroller, Treasurer and
| Commissioner of the General Land Office
commenced from the day of their election il
December, 1869, and expired IN four years
from that date, and that they should b,
filled by election ct the same time that thu
! Governor and Lieutenant Governor ar,
elected.
SUPERINTENDENT OF PUBLIC INSTRUCTION
We are of the opinion that article nine
section eleven, creating the Office of Super
/ Of Tlr,l,1 Inc
plated that his first term might be frac
tional one. The first section of the act OF
August Is, 1872, being an act to establish
a system of free schools, provided that he
should hold his Office until the next general
election of State and county offices, and un
til his successor is elected and qualified.
Under this law, we believe that he holds
his ofice until the next general election Of
State and county officers, which should take
rlace in 1878.
MEMBERS OF THE LEGISLATURE.
The committee are further of the opinion
| that the terms of Office of the members OF
the First Legislature, elected under the
present Constitution, expired in December,
1871, and rs that instrument cenfers the
right upon the people of electing theiI
Representatives every two years, the term
of the Legislature to be elected in Novem.
Der next, will expire in December, 1873
Any other construction would deprive the
people of valuable right, the exercise Of
which, at stated periods, is expressly guar.
anteed to them in the Constitution
We therefore believe it to be the consti
tutional duty of the incoming Legislature
to provide by law for general election in
the year 1878, for State and county officers
and members of the Legislature.
The Governor elected in 1873, unless the
time of the sessions of the Legislature il
changed, should be installed on the first
Thursday after the assembling of the Leg
islature in January, 1874, and the present
Executive, whose term of Office expires in
December, 1873, would hold his Office until
his successor was duly installed.
Respectfully submitted,
G.. +. MOORE,
T(rcrrar,r, (forrr-