The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1875-10-20
fhe Term OF Office Ofthc CIrcnit Judges
An Important Question.

The decision of the supreme court
of this state in the case OF Wright vs.
| Charles 9th volume of Richardson's
Reports, page 178) has an important
bearing, it seems to us, upon the
election Of circuit judges, in estab,
fishing the principle that whore q
term of Office is fixed by tho consti
tuition person elected to such office
whether to fill vacancy or not, must
hold Office for the full term. Unde,
this decision (if it be applicable to
circuit judges) the term of Judge
Carpenter (olected December Is,
1879 does not expire until Decem-
Der, 1876; that of Judge Cooke
! elected January ID, 1879 until
January, 1877 F; that of Judge Reel
elected December, 1879 until De.
cember, 1873 and that of Judge
Shaw elected January, 1876 until
january, 1879. The judges named
were elected to fill vacancies caused
by death or resignation of Office, and
were elected for the unexpired terms
of those whom they succeeded but,
rs we understand it, the decision in
Wright VS.. Charles gives them,
nevertheless, the right to hold office
for the full term of four yeas, fixed
! by the constitution.
In June, 1868, man named Moss,
was elected clerk of the court in
Darlington county, but failed TO
qualify An election was held on
May rs, 1869, to fill the vacancy, and
VIM. e. Charles was elected. At the
general election in October, 1872,
Johnathan Wright was elected to
, the office, and on November 26 was
commissioned by the Governor
Wright qualified on November %,
and demanded possession of the
Office, which was refused, and the
; question before the court was wheth
er Charles should huye surrendered
, possession.
! The state constitution provides
(article 4, section 27) for the election
in each county Of one clerk for the
court Of common pleas, "who shall
hold his Office for tho term of four
; years" And in the case of circuit
judges the constitutional provision
(article 4, section 13) is that "for
each circuit judge shall be elected
by JOINT ballot Of the general assem-
bly,, who shall hold his Office for q
term Of four years. We shall see
that the decision in Wright VS..
Charles covers the case of circuit
Judge as fully as that of the clerk of
court.
: The supreme court say: s'The
term Office being fixed by the cons:i-
tuition, the party holding it by cleo
ton is entitled to all the rights,
powe: and incidents which belong
or pertain to it, and, by what course
of reasoning the duration of the term
is not included among them, it is
difficult to perceive. The person
elected to fill vacancy does not
succeed to the uncxpired portion of
the term of his predecessor, but
holds by a determinate tenure pre-
scribed by the constitution. The
vacancy exists in the Office, the term
is the duration of it, not dependent
on the death or resignation of the
person holding it, but on the law.
No matter how the office becomes
vacant, the party elected to succeed
to it is not in as the nero locum
temens, only supplying the term OF
the person who Inst succeeded him.
If tho legislature had, by express en-
actment, declared that one elected
to fill the mexpired term of office OF
clerk, made vacant by any cause,
should duly hold for such term, it
would have been imperative and
void, for as was said by Mr.. Justice
Wright, in the opinion of the court
i'll Roistcr VS.. Hemphill, 2 S. c., 1856,
where the organic law fixes the term
of office, it is not in the power Of the
Legislature, by an act, to change that
term" "The question is
not rs to the mode of filling tho va
cancy, but the tenure by which the
:; party elected shall hold tho office "
~ "In fact, every election is
to supply a vacancy, no matter how
al ising." The supreme court found
authority on the questions raised in
various cases in this state and in
New York, and rendered Judgment
in favor of w. II. Charles, the de
fcndant. ....
. Wo ;uii 10 sec why Tho decision
Just quoted should dtes not apply in
Iovory particular to the case Of circuit
Judges olcctcd TO Gii vacancies, ca,ls-
Cd by death or resignation. The
;clrn Of Office Of tbc circuit Judges is
! fixed by tie constitution ns the term
Of tho clerks Of court ia Gxed, and
1 the objection that tho judges whom
we nimetl were expressly elected to
lfill unoSpired terms is mot by tho
dcclaration, Of the supreme court
that on a9t jof the legislature, deelar-
ing that a person elected to fll the
unexpired torn of offico. Of O., clerk
should only hold for, such unexpired
term, would bo imperative and
void. What an act of assembly can
| not do, cannot be effected by the
| terms Of o joint resolution ordering
\ an election, or by the manner Of
i holding the election, or by the word
i in0 of n commission. The term Of