The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1873-12-06


1he Cutiilon heretofore Md nhd
nov lcconc practical, la-' Wien shDiild
tie newly elected officers, State aud
county, be installed into oilcc7
Different vicwsmay oSl4i, lut we np
prehend the case, wlicn fnldy stately
IL plain enough TO avoid donht Or ron.
tcntlon. The State Constitution ilSc1
the terms Of all elective oilicca crcn,cd
by II ut four years. THIS includes Ice
sides the six State officers, Just voted
for, the offices of District Clerk, Shci.ll
and Justices OF the Pcavc. But II d"es
not include the Offices Of County Nur
veyor and County Treasurer, which
exist only under laws enacted before
the war and hold for two years from
the day of election. Those elected one
year ago, therefore, stiil hsve ycnr to
serve before their Successors, elected
this month"; can qualify. This view Is
concmred In by the Attorney General
Tho language of the constitution
Cart. w, sec. ~ is, that "tlla Govern
or shall hold his oillce Tor the term OF
four years from the time Of his Install
ment, and until his successor shall he
duly qualified"
This clause Is general provision fo'
the future, after the State should
be re-admitted into tho Union. see,
20 OF the same article provides that
the Comptroller shall be elected at the
same time and in the same manner as
the Governor, and "shall hold his Of
flee for the tenn of fur years" The
same language is elsewhere used IN re-
4 lation to the other State officers.
The trouble arises from the fact that
while all these officers were elected on
the second day of December, 1859, Still
they were not installed till about the
2sth of April, 1870, about month after
Texas was formally restored to Eei
rights as State of the Union by Con-
gress.
Now, there is another provision OF
the Constitution. designed especially
/, to inaugurate the first State govern
mcnt to he chosen under that instru.
ment. This provision renders the first
clause, above quoted, inapplicable al
this time, and most assurcdly controls
the tenure of the first officers elected
under il.
The Bird section OF the clause provid-
ing for the first election, says:
+ "The officers IS clectado (meaning
both State aud county oilicers) 'shali
hold their respective offices for thu
, term Of years prescribed by the Consti'
. tuition, beginning from the day Of then
election, and Until their successors are
elected and qualified"
Now, on the identical day Oh whicl
the fret four years expired, the success
sors to those first officers were elected
ON Tuesday Last, Ten days later thu
county officers elected will receive
from the Presiding Justice Of the coun
ty. their certificates Of election, and
+ WllIt1tli Stullu icsNJ w uS on o'' -
and take charge OF their respective
offices.
The returns for Governor and Lieu
tenant Governor are to be opened
counted and the res,ilt declared by the
Speaker Of the House, in The presence
of both Houses, during the first weeii
ofthe reunion ofthe Legislature, which
will assemble on Tuesday, Jailunry IL
1874, when the time will have Grrivco
for their installation, because, in addi-
ton, section Of article ~ says tho
Governor "sliall be inaugurated on the
first Thursday after the Organization OF
the Legislature, or as soon thereafter as
practicable
Section Is of TIE present election
law, in harmony with these views, re-
quires the Presiding Justice, on the
tenth day after election (Sundays Eek
cepted, which makes December 18th
the time this year,, shall open the re-
turns and give certificates to all county
officers elected.
4 We think the foregoing fair state
ment of the case.