The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-11-11
The Term of Office of Circuit Judges.

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The editorials which have appeared in
the Ne,os and Courier on the term of office
of Circuit Judges have attracted a good
deal of attention.
The News and Courier maintains that
under Section 13, Article ~, of the Con.
stitution, circuit Judges must hold office
for the term of four years, no matter
whether they be elected for full term OF
an unexpired term; for instance if a Cir
cult Judge had been elected under Sec
ton Is, for a full term of four years, and
dies or resigns at the expiration Of three
wears, his successor must be elected for
four years, and not for the one year un-
filled. :.
We differ with the Me,rs on this SUBJ
iect. A careful examination of the Con-
stitution will show that it provides for
two kinds Of election to the office OF cir
cult Judge. The first kind is the ordina-
nv election and is to anticipate and pre-
vent vacancies; for the law abhors a va
cancy in its Offices as nature abhors a
vacuum. This provision to prevent va
cancies in the Office of Circuit Judge is
found in Section 13, Article ", of the
Constitution of the State, and reads as
follows: "The State shall be divided into
convenient circuits, and for each circuit
Judge shall be elected by joint ballot Of
the General Assembly, who shall hold
office for the term of four years." + =
The second kind O. election, which is
termed an extra or extraordinary cleo
ton, is to fill vacancies in the Office Of
circuit Judge that arise by death, resig--
nation or suspension from Office, and
which could not be prevented by the
Constitution or law, is provided for in
Section II Art. ~, of the Constitution,
and reads as follows AL vacancies in the
Supreme Court or other inferior tribunal
Ii. G. Circuit Courts) shall be filled by
election as herein prescribed lie. by the
General Assembly, J Provided, thatif the
unexpired term does not exceed one year
such vacancy may be filled by Executive
appointment"
Now if these two sections mean exact
ly the same thing, that circuit Judges
shall hold Office for four years from their
election, then one of them is a dead let
ter in the Constitution But we cannot
presume tais. Both sections must be
made to stand if possible. We can then
reasonably suppose that section IL pre-
scribes some shorter or longer time for
which circuit Judges are to hold office
who are elected under its provisions.
According to our construction that the
Constitution recognizes no vacancies eX-
cept those arising from death, resignation
or suspension, and that section II applies
to such vacancies, we must conclude that
the word vacancies therein refers to the
term; and to get at the exact meaning of
this word we; may legitimately reverse
the section or alter the collocation of its
words, provided the meaning is not
changed but made clearer.
Section IL reversed, putting the pro-
yiso first, and without changing the
meaning, may be made to read thus:
That if the unexpired term of Supreme
Court or circuit Judge does not exceed
one year, it shall be filled by executive
appointment provided, that if such un-
expired term does exceed one year, it
shall be filled by election herein pre-
scribcd ii. c. by the General Assembly,
What shall be filled by election by the
General Assembly? The one, two, or
three years, as the case may be, OF the
uncxpired term. Ifhowever, Section II
be considered ambiguous, the argument
of convenience would turn the scale, for
if it mean that vacancies shall be filled
for four wears, we can conceive that all
our eight Circuits could be without
Judges for six months, or until special
term of the Legislature could convene,
or that the Legislature would have to as
scmble at eight different times in the
year to elect circuit Judges.
The great mistake made by the Nc'Cs
and others, is that they do not take the
distinction between vacant term and va
can't office.
The creation of "a new judicial circuit
creates a new Office. The office of Judge
is vacant until he be elected, but the
term is moi vacant, for the term does not
be until he is elected. This is an in
stance of 6. vacant Office and not g vacant
term. Again, if the Legislature should
fail to elect successor to a judge who
has filled his terms, there would be
another instance Of a vacant Office but
not a vacant term. We only make these
illustrations to show the word that yacan-
cies may be applied to the term in con-
tradistinction to the office.
There are other arguments in favor of
the views we have announced which our
space will not permit us to give at this
time; but we should like to have the
matter discussed by others, as it is one of
great importance.-EdgefcM Advertiser.