Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-09-04


nor BrogdeE and the Attorney -Gener-
| elected Judges and Solicitors are re-
CURED to take their seats, and from
what date they draw their pay
Hon. Z. L. IIargrovc, Attorney Gen
erat:
SIR AS you are the Constitutional
adviser of the Executive Department
of the State Government, L desire your
opinion as to whether Judge or
Solicitor goes out of Office on election
| day, or holds over until his successor
is elected and qualified.
Very respectfully,
Your ob't servant,
G. FL. BEoGDEN,
Governor.
ATTORNEY GENERALS OFFICE,
Raleigh, N. c., Goth Aug. 1874.
To His E.eceUency, Curtis III. Brog-
den, Governor
STR Il have the honor to acknowl-
edge the receipt of your communica-
ton of the oath inst. In it you say,
81 desire your opinion as to whether
a Judge or a Solicitor goes out of
office on election day, or holds over
until his successor is elected and
| qualified" The term of Office of the
six Judges who, under the superin-
tendence of the Justices of the Su-
preme Court, were divided into class
to hold office for four years, expire
this year, and your question is, on
what day do the terms of these officers
end. On the first Thursday in August,
ELECTION day." or on the day of the
| qualification of their successors who
have been elected. The constitution
prescrlbes, Art. 4, Judicial Depart
ment, sec. 30, that "The officers elect
! ed at the first election held under this
constitution shall hold their offices for
| the terms prescribed for them respec-
lively, next ensuing after the next
regular election for members of the
General Assembly," The Judges are
'officars'' elected under "this consti-
tuition" and their election is provided
for III this article. Their terms are
for four years and eight years, respect
lively. according to the classes made
under til superintendent of the
justices OF the Supreme Court, as pre-
scrlbed III the constitution.
-Four years, next ensuing after the
ncrt regular election for members OF
the General Assembly, that is, four
years "next ensuing after" the first
Thursday il August, 1870, is the term
Of the Judges of the first class. This
! would complete their terms on the
fist Thursday Of August, 1874, selec-
ton day, and III my opinion On that
day TIE terms Of Office of these Judges
ended It may be said that it was not
and cOuid not Re known until the day
FOR counting and comparing the votes,
who was elected. That is true, vet the
choice was made on the day of cleo
ton, and even if the recent incumbe
shou!d be reelected, their previous
terms hal ended on the first Thursday
of August. They We're after that no
longer Judges d. iHre. Although re-
elected, that constituted no continual
tjon or extension Of their terms. If re-
elected tECy must have uew commits
slons; If not reelected it would be the
same thing "a t. their tenure of office
1t might be suggest Il that these Off
GERS are entitled to lola and exercise
the fUuc'ious of their Offices until their
successors are elected aud qualified -
Ia reply l would say that no Such pro-
vision Is made in lie Col~t tution In
REGARD to Judges. la tl- tnlId article
81 the Constitution Cine Executive De-
partnlgnD provision Is made, that the
Exc cui!Vo officers stall be elected for
- term "I fur years; ''the'r tern: OF
utficr= a!'...I commence on t',- Il st day
& .iannaIy l,tXt at er tieir elect on,
aud crtItilae rutll their successors are
e,:rc.td aud Qua!lIij.,l." Constitution,
Ar ). >, C. l. As before sand. there is
10 provision that the judge shall held
''Uutlt their successors are electe,! and
qualified" and the fact that such pro-
vision Is made for one department,
and not FIR the Judicial Department,
seems to show cJuclusively that no
such extension OF term was intended
suppose that It IS said that THIS con-
StructiUn would leave these Ju.iicill
Districts without a ,juIge from the
fist thursday III Au- ust telection day
until their successors are elected and
qualified. Yet, Judges although elected
for c; rta!n Districts, being empowered
TO exercise their functions in all parts
u the State, 10 material inconvenience
Is imposed on these Districts, except
possibly the not holding of one term of
their Court, and that Is only tempo
rary. They could obtain the services
Of other Judges at Chambers, If nee
essary, in cases requiring immediate
action. But, however that may be, /
can onl Y say itn lee script0 est, and
that there are, IL tine mean time, six
Superior Court judges in office capa-
bic of tran5acting any business in the
temporarily vacant Districts. This
may have been one of the reasons for
causing six of the Judges to go out Of
Office at one time, and six others four
years afterwards. If, nevertheless.
this temporary vacancy is considered
lnconvenient, it may hereafter be re-
medied by the Legislature. The sd
section of article 4, above quoted,
provides that 1.-THE officers elected at
the fist election held under this Con.
stitution, shall hold their Offices for
the terms prescribed for them respect
lively, next ensuing after the next
regular election for members of the
| General Assembly" Now inasmuch
as the General Assembly, heretofore
had made no law providing for the
beginning Of '<the term""next ensuiD g
after the next regular election" it
must begin immediately after the next
regular election for members of the
General Assembly, which was on the
first Thursday in August, 1870, as pro-
vided in the constitution, Article 2,
section 30, and continuing four years
must end on the first Thursday Of
August, 1874. But after the ''first
election" it seems clearly to be com
petent, and it may have been before,
for the Legislature in accordance
with the constitution, to provide by
law, that the terms shall begin on
the third Thursday in August or at
the time of the qualification Of the
persons elected, CT at some other
time and continue for eight years.
AID it may be that By virtue of
the present election law the terms
of the newly elected Judges
VIII begin and continue for eight
years from the day of counting and COM
pairing of the votes, or from the date
of the qualification. But of that it is
not necessary to consider.
1t may be commended that under sec
ton 5, Of Article IA Of the Constitu-
ton the Judges may hold over until
their successors shall have been chosen
| and dTTlv uT1alif;ed Rut JlDOD q care