Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-02-13


shall be elected by the quahhea
voters thereof, = and snail
" hold their Offices for t.cO years. In
" each township there shall be con-
stable, elected in like manner by the
"voters thereof, who shall hold MS
Office for tUo gears. FIN case
"of vacancy existing for any cause
4" in any of the Offices created by this
section, the commissioners for the
" county may appoint to such Office ior
"the uacx7,ired tc'7n.
Article VII, section 5, provides that
in each township there shall be o'en-
niolly elected clerk and two Justices
of the Peace, and Article ~, section
"a proyides that when the office OF
Justice of the Peace shall become va
can't, the Clerk of the Superior Court
for the county shall appoint to MI the
vacancy for the unerDired term.
Now note the difference in officers
elected for more than two years.
Article ", sections 81 and %, pro-
vide that Clerk of the Superior Court
shall be elected, who shall hold his
Office for four gears. Section ~ pro-
yides that Justices of the Supreme
Court shall be elected for eight years,
and that Judges of the Superior Court
shall also be elected for eight years.
Section % provides thatSolicitors shall
be elected for each judicial district for
four gears. Section 81 reads as fol-
lows:
"All vacancies occurring in the otfl-
ces provided for by this Article Of the
Constitution shall be filled by the APP
pointment OF the Governor, unless
otherwise provided for, and the APP
71ot,afees shall hold their places anht
the meet regular election.
Section 35 provides that i'll case the
Office of Clerk of Superior Court shall
become vacant, the Judge of the Su-
perior Court for the county shall ap-
point to fill the vacancy until an etec-
ton can be regularly held.
This contrast between officers elected
for two years and those elected for
longer periods, must strike every
one, and seems to be conclusive.
Where an office is only for two years
the appointee holds for the maelpired
term, because there is no Irregular
election before the expiration of the
term at which the people can elect q
successor. But in every instance
where the Office is for longer period,
whenever a Irregular election" is held
before the expiration of the term, thel
the appointee holds, only until the
.snext regular election" as i'll section
81, or ''until an election can be regu
larly held as in section 81 of the ~
| Article.
The trainers of the Constitution il
order that this striking difference be
F., tween filing vacancies in offices elected
! for two years and for longer period
! should not be 10 Misunderstood not onl,
used very expressive terms, ''for thu
unexpired term" and until the mex
regular election" but they used then
in contiguous sections Of the same AZ
ticle. "All vacancies occurring in off
ices provided for by this article OF thi
Constitution, shall be filled by til
appointment of the Governor, asnlcs
"other,risc DrOrided for. and the ap
"pointees shall hold their places unit
s.thc next regular election reads sec
'tion 81.
Section 30 does prOridc othtrwis
not only Tor the appointing power, bu
for the duration Of the term. Count
Commissioners appoint vacancies i
the Sherifs Office. Superior Cour
Clerks appoint Justices of the Peac
and Coroners, and for the naerpire
term.
The very difference in the word
used is consistent with the spirit Q
the entire Constitution, and what al
pears to be marked contrast in tn
times for which these appointees ar
to hold their respective places is reall
in keeping with the leading and govern
ing feature of the Constitution. tia
all power is vested in and derive
from the people. In every case tn
appointee holds only until the mex
regular election" when the peopl
select 1.-THE polls their officers whethe
Judges. Auditors, Treasurers, Clerks
Sheriffs, Justices of the Peace or Coz
oners. All are referred back to til
people at the very earliest momen
possible. No appointment lasts lou
ger than the people can say at the bal
lot-box who shall make, interpret an,
execute their laws.
We believe that if the next Legisla
ture does not provide for the filling Q
these vacancies they will be derilect i
their duty, and we hope to see the bi
receive the sanction of the House. ]
is matter of the first importance, an
the people will expect their represen
tatives to Dc nothing to compromis
their dearests rights and interests.