Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-09-11

permanent overthrow.
COUNTY CO,zvEISSsGN EgfS.
Official Eonds-kaaVe we 1. sheriff
or Clerk:
We listened attentively to The very
explicit and very correct opinion given
to the County Commissioners by their
Attorney, Mr.. III. London on Monday
last, and though we may interpret the
law on one point different from him,
the Commissioners would have acted
prudently to have followed his advice,
which they have not done, but in re-
turn have defeated his reelection,
seemingly because he gave them al
honest If not an acceptable opinion.
When Commissioner Van AInringe
moved to allow further time until
Thursday, for the officers to file APP
proved bonds, the Attorney advised
them to follow what he regarded as &
safe precedent, and not allow further
time than Tuesday, the following day.
The Chairman asked Mr.. London, il
bonds given after Tuesday would be
legal, and being answered ii the afr
NATIVE, he al once voted in favor OF
the delay, thus deciding the question,
as the other Commissioners were di-
vided
OF course a bond given on Thurs
day, by the sheriff elect would be
legal. Indeed bond given by any
one, even though not elected sheriff,
on Thursday, and accepted by the
Board OF Commissioners, and the
usurper should ex ercise the functions
Of sheriff thereundeT, would render
hin and his sureties responsible for
his acts, but it would not make linn
the sheriff of the county by any means.
And it is a grave question as to whetL-
er bond given by Manning or Hca-
ton on Thursday Will make them legal
officers of the county.
If the Chairman lad asked NJ.
AcAuou IL tuc COLiA 4oSiOECIS "6IC
doing their duty in postroniug the ac-
ccptance OF bonds until Thursday, and
il they were not subjecting themselves
to a criminal prosecution in doing
50, we suspect his answer would have
been different, orthe law says explicitly
that these bonds ShuU be Gpjro"rd
by the Commissioners onNc first .lr1s-
day Of September.
And why is it absolutely necessary
that these bonds should be approved
on that day? Because there are va
cancies existing after election day, and
the business of the county is thereby
stopped. One month is allowed these
officers to prepare their bonds, which
the law regards as a reasonable time
In fact, the County Treasurer is al
lowed but ten dCyS, under penalty of
forfeiture of his Office, to renew or
increase his bond, when 50 ordered by
the Commissioners.
If we be correct, there is to-day 10
Clerk and Judge of Probate, and no
Sheriff in New Hanover, and however
necessary it may be to have these Off
GERS, there will probably be none until
Thursday afternoon. are We correct?
An act Of lie Assembly says that
Sherifs, Clerks Of the Superior Court
and Registers shall be deemed 10 be
and continue in Office until their sue
cessors shall have been elected or APP
pointed, and shall have been duly
qualified. But is not this in direct
violation Of the Constitution? The |
Constitution, article four, section
thirty, says the Sheriff shall hold
bis Office for two years. Article
four, section twenty-five, says CLERKS
of the Superior Court shall hold
their Offices for four years So
it will be seen that the terms of Office |
for Sheriff and Clerk are two and four
years respectively. Therefore their
terms of Office expired on election day,
and no mere act of the Asse .nbly can
extend them. There is no provision
n the Constitution that they shall
lold until their successors are elected
md qualified. Indeed the very fact
hat the Constitution provides shat the
executive officers shall ''continue
Until their SUCCESSORS are elected and
qualified" would seem to show conclu-
lively that DO such extension Of term
7as intended for officers in the Judi
ial department.
1t may be contended that under tho
fth section of the fourteenth article. ,
MERITS and Clerks may hold over :
ntil their successors shall have been
hosen and duly qualified. But upon
careful reading of this section, land {
e here quote from the recent opinion /
Attorney General Hargroye, given |
the Governor in reply to the ques- +
ON as to when Judge and Solicitor c
oes out of office,) it will appear I
lainly that it was temporary in its 1
feet and applied only to officers = =
heretofore elected or appointed. v
hat is, to those who were holding v
lice at the time of the adoption of U
lie Constitution. It only provided -
lat persons then in Office should hold n
only until their successors were G
duly qualified" and this only in the II
'sence of any contrary provision, n
nd even if now in force, there is a Ii
ntrary provision in regard to the g
SEES we are considering. e.
1t seems to us then, that in allow " ~
g the delay the Commissioners have ce