The Caucasian. [volume] (Alexandria, La.) 1874-1875, 1874-09-05
Tho 4sction d : Qetk.

The death Of o. K. Hawley,
Clerk Of the Court for this Parish,
left u vacancy which has been al.
ed BY Kellogg, the usurper, by the
Of Mr.. Levy Wells.
The question which has been dis.
cassed here with no little interest
tor the last few days is whether
there is or not to be an election tor
Clerk this Fall. We have taken
some pai0s to inform ourselves as
to the law applicable to the case,
and we answer the question in the
The Clerk is not to be
elected until Nov. 1876.
Under the Constitution Of 1852
this question came up in the case
Of John r. Rans.lell vs. N. Il. Arial,
in this parish: G. E. Jouett had been
elected clerk and resigned and Mr..
Atrial was appointed by the Judge to
I'll the vacancy. An election just
like this came on and the same qaea.
ton came up, that now presents
itself. Mr.. Ransaiell was elected
clerk and sought q Asa1damxs to
force Mr.: Arial to give up the Office.
1t was denied and went to the Sn.
prem. Court, where they held that
the first election of Jouett was for
fonr years aud the appointment Of
Mr.. Arial, made By the Judge un-
der the law then, was for the whole
unexpired time of the four years.
This case will he found in the 18th
Reports, page 459. The
same doctrine was held in the 18th
Annual. page Cos in the case Of
Gusman W. Walker, and also in
the case of the State vs.. Morgan
10th AnpnaI, page 7l2.
The differences between the Con
stitution of 1852 aud 1863 in this
respect are MT material. II they
were, the "pOwers that be" have
taken pains to leave no doubt on
the subject. They have persistent
~ sought to give the Governor the
appointing power in every instance
where it was possible, and if they
could have done SO, would doubt
less have made all Offices appoint.
i've instead of elective. Taking the
Constitution of 1868 aud changing
the order of the articles that bear
upon the ouhjcct, 80 as that they
come in logical sequence We find
that Art. 50 says:
"The Clerks Of the District
Courts shall he elected by the quail
flied electors Of their respective
and shall hold their Office
for four years."
Article 81 says:
"The Governor shall have power
to fill vacancies that may happen
during the ecess of the Senate, by
granting commissions, which shall
expire at the end Of the next SEES.
sion thereof, unless otherwise pro-
vi.led for in this Constitution; but
no person VII" has been nominated
for office aud reject hy the Sen
ate, shall lc appointed to the same
office during tho recess Of the
Senate"
Article 100 says:
1" The General Assembly may de-
termime the mode Of filling vacam
cies in all Offices for which prOviS.
ion is not made in this COnstitu-
tiOn.'
Then comes Article 2GO6 Of the
Revised Statutes Of 1870, aud lie.
clares that:
"Whenever any vacancy occurs
in any office. State Parish or Mu-
nicipal. in this State. now existing,
or which may hereafter be created,
from death, resignation or from any
other cause whatever, the mode Of
filling which is not provided for in
the Constitution, all such vacancies
shall be filled, it they I've State or
Parish Offices, by appointment OF
The Governor with the advice and
Of the Senate. which ap-
|'ointment shalt be for the entire an
srpired term Of such racant office
Ii the Senate he MT in session at
the time the appointment is made,
the vacancy shall he filled by ap.
pointment by the Governor. which