The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1875-10-21
The Term Of once Of the Circuit Judges
An Important Question.

OhafleS attn volume OF Richardson's
Reports, page 1879 has an important
bearing it seems to US, upon tho eloc>
tion of Circuit Judges, in establishing
tho principle that where tern, of
Office is fixed by the constitution q
person elected to such Office, whether
to GIL "a vacancy or not, must hold
Office for the full term. Under this
decision (if it be applicable to circuit
judges) the term of Judge Carpenter
Collected December I3, 1879 does not
expire until December, 1875; that of
Judge Cooke (clected January IA,
1879 until January, 1877; that of
Judge Reed, (elocted December, 1874
until December, 1878; and that of
Judge Shaw (olected January, 1879
until january, 1870. The Judges
named wero elected to fill vacancies
caused by death or resignation of Of
fee, and wero elected for the unex>
pired terms of those whom they sue
ceeded; but, as wo understand it, the
decision in Wright vs.. Charles gives
them, nevertheless, the right to hold
Office for tho full term of four years,
fixed by the constitution.
In Juno, 1868, q man, named Moss,
WAS elocted Clerk of tho Court in Dar-
lington county, but failed to qulify.
An election was held on May 25th,
1869, to fill tho vacancy, and VIM. e.
Charles was elected. AT tho general
election in October, 1872, Jonathan
Wright was elected to tho office, and
on Nov, 20 was commissioned by tho
Governor. Wright qualified on Mo-
vember 20, and demanded possession
of tho Office, which was refused, and
tho question before tho court was
whether Charles should have surron-
dorod possesson.
Tho State Constitution provides
(Articlc 4, Section 27) for the election
in each county of one Clerk of the
Court of Common Pleas, "who shall
hold Ills office for tho torn of four
years." And in tho case of Circuit
Judges the constitutional provision
(Article 4, Section 13) is that "for
each Circuit q Judge shall be elected
by joint ballot of tho General Assem-
bly,, who shalt mold his Office for o
torn of four years" We shall see
that the decision in Wright vs..
Charles covers the case Of a Circuit
Judge as fully as that of tho Clerk of
Court. ."
Tho Supreme Court say: "The torn
of offics being fixed by the constitu.
ton, tho party holding it by election
is entitled to all tho rights, powers
and incidents which bolong or pertain
to it, and, by what course of reasoning
the duration of the term is not to be
included among thom, it is difficult to
perceive. The person elected to fill
a vacancy does not succeed to the un-
expired portion Of the term of his
predecessor, but holds by o determin>
ato tenure prescribed by tho cons:i>
tuition. The vacancy exists in the
ofice, the torn is tho duration of it,
not dependent on the death or rcsig-
nation OF the person holding 1T, but
on the law. No matter how the of,
flee becomes vacant, the party elected
to succeed lit is not in as the mere
locum tcnens, only supplying the term
OF tho person who last succeed him.
If the Legislature had, by express en-
actment, declared that one elected to
ill the nnexpired term of the Office OF
clerk, made vacant by death, should
duly hold for that poriod, such pro-,
vision wouid be imperative and void,
for, as was said by Mr. Justice Wright
In the opinion of tho court in Regis,
tor VS.. Hemphill, 2 S. c., 335, where
the organic law fixes tho torn of Of
fee, 1t is not in tho power of tho Le-
glslaturo, by an act, to change that
torn" "Tbe question is
not as to the mode of filing the vat
canoy, but the tenure by which the
party elected shall hold the office" -
y x "In fact, every election il
to. supply a vacancy, no matter how
arieinpo The Sunranoa (lourt found