Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-10-02
MEMPHIS, TENN, THURSDAY, OCTOBER 2, 1878

a. above set forth-but the law is 10 con-
frmlty with both constitutions. An
other point made by the attorney gene
raj Is, that the present state officers
were not inaugurated until the tenth
Of March, 1870, and he then IN
qaires: "Can the Legislature, for the
sake Of having annual campaigns and
elections, is ne an sftuiipDal
edict 10 dismiss these officers in less than
four years? They certainly cannot.
In reply 10 this we have simply TO say
that by the provisions OF the eonstt1-
tion the terms of the officers began on
the frat Monday in January, a. D.
1870, and not on the tenth OF March,
1870, and therefore their terms cannot be
continued beyond four years from The
date Of their commencement by neg
lect on their part to qualify and enter
upon their duties until the tenth Of
March. Besides, they draw their sala-
ries for the full term unless the legisla-
ture makes q deduction, aud they can
not complain that they are deprived of
the emOluments Of their offices.
THERE IS no LEGISLATIVE EDICT on
THE SUBJECT.
These are executive officers, and the
constitution declares that "all officers
named in this article snail hold their Of
fees during the time for which they
were elected, unless removed by i'm
parchment or otherwise, and until their
successors are duly qualified to enter Oh
the discharge of their separate duties"
See article D, section - The term
for which these officers were Gle tied"
was four years from the first Monday in
January, 1870, and not from the tenth Of
March, 1870. So the attOrney-genersli is
at fault here also. Again, the attorney
general says that the governor and State
officers, under this constitution were to
hold, like the congressman elected at
the same time, during the fragmentary
term which was passing at the time Of
their installation, ard also ''for the next
succeeding full term" We fail to find
any such provision in the constitution as
to State officers. Besides, there was
No "FRAGMENTARY TERM
of other officers passing at the time Of
the installation. It was their own full
term that was passing, and not "frag
ment;" but the most of it remained TO
be served out by them. If the fact that
these officers were not qualified until the
nth Of March, 1870, made their terms
" fragmentary, - and they are to hold
over till the next fall term, this would
extend their tenure of Office another four
years from the first Monday in January,
1874. Yet the attorney general says
that they only hold over one year, and
must be reelected in November, 1874,
at time when there il no election. All
this is simply prepOsterOus, for the con-
stitution provides that predecessors in
office shall hold for their lull terms and
until their successors are qualified; 50
that if the successors fail to qualify at
the commencement of their terms, that
portion of the term is held for them by
their predecessors, and they have no
right to complain, because they take
the Office subject to this provision. 1t
is also insisted that
| THE GOVERNOR HAS AMPLE POWER TO
PREVENT THE NOVEMBER ELECTION.
from being held; but the attorney
general prudently abstains nom point
I ing out any law giving the governor any
such authority. Then ne says that the
governor has power TO 'see that the
laws are faithfully executed" Well,
we have shown that the law requires
that al election for State and county
I officers be held in November next, and
we call upon the governor, in the name
/ of that law and the people, to see that
this law isS"faithfully executed" The
I law requires the board Of registrars to
I give notice Of the time and place OfhOld-
| ing sli general elections, and Of the Off
/ Gers to be elected. For the information
of the governor, the Sttorney-geusral, =,
and the registrars, we quote the statute.
| 1t is as follows:
Section 3s3. FOR all general or special
I elections the board or registration shall give
notice, of the officers to be elected of the tIae
! and place for holding the same IN each pre-
ciuct and district in the county, by three
/ weeks publication except to oil vacancies in
I the legislature and county Offices, which shall
I be for ten dayst in public newspaper, II such
I be published in the county, and by posting $
| copy thereof in one Of the most public
places in each precinct, or district, aforesaid
/ and If no public newspaper be published in
1 the county, then by posting = printed notice
! OF such election, and OF the officers 10 be
| elected, with the time and places Of holding
the same, in two Of the most public places il
[ each precinct, or district, for the same period.
1.-THE governor desires to ''see that the
/ laws are faithfully executed let him IS
sue his
PROCLAMATION
requiring the registrars TO perform their
1 duties In regard to the election in accord
snce with the law. This he would be
justified in doing. But it is the duty OF
the registrars to give this notice, regard
less Of anything that the Governor may
say or do in the premises. He has nc
power to prevent them! We have now
reviewed the chief grounds Of the at
torney-generaps extraordinary opinion,
and have shown that he is in error alike
in the law and in fact. The elective
franchise is dear to the people. Must
they be deprived Of 1t, their policy Of bi-
ennial elections defeated, and the whole
State thrown, in this respect, into uttel
chaos, because a State officer has seer
fit to take peculiar and eccentric view
of statutary enactments? We think
| not.