The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-01-29

Vacancies In once and the I,egfsia-
ture-How Are They 10 be Ffiieo
WRenThey Occur Prior to the sen.
eral Electisns9-The Governor and
Ceurt or Appeals Exceptions.
Editors of the Register. 10y
Since my return home have exam
ined this question with care, and have
come to the conclusion that the TIN sec
ton of the 4th article of the Constitu,
ton only allows vacancies in office ana
the Legislature, when they occur prior 10
the general elections, to be filled by ap-
pointment, aud not by election. "Eiec-
tions to fill vacancies shall be for the un-
expired TERM" says the Constitution, but
"whcn vacancies occur prior to the gen.
eral election, they shall be filed by ap-
pontment, which appointment shall OK,
pre- at such time after the next general
election as the person 50 elected TO Nil
such vacancy shall. be qualified" Note
here-elections to fill vacancies shall be
for the ,chole uneSpired term, but aP,
pointmeuts are only to last until
such time after the next general
election, rs the person SO elected to NIL
such vacancy shall be qualified. Here
il will be observed, is a direct negative
(unless there are exceptions) OF the power
of the legislature to fill vacancies by cleo
tions, other than at the general elections.
Appointments in our Constitution can
not mean elections; and but for the pro.
vision whenever vacancy Shall occur
in the office of Governor before the first
three wears of the term shall have eXplr-
ed. new election shall take place to I'LL
the vacancy" The question would ne 90.
scure and uncertain. The provision that
s.if vacancy shall occur IN the Court OF
Appeals, the Governor shall issue MS
writ OF election to fill the vacancy, pro-
vided the unexpired term be less than
t,co wears" might be made TO harmonic
with the conclusion entertained by some,
that no elections by the people to NIL
vacancy in the Court of Appeals other
than at the general election, Shall
; ever take place. If the word three
above italicized, was two, there would
be strong grounds for believing that the
trainers of our Constitution never intend
ed that elections to fill vacancies, either
in the offices of Governor or judges OF the
Court of Appeals, should ever take place
other than ut the general elections. But
when the Constitution is direct and pos
tive in saying whenever vacancy shall
occur in the office of Governor before the
first three years of the term shall nave
expired, a nea0 election shall take place
to ill the vacancy we must conclude
that the Governor and judges OF the
Court Of Appeals are exceptions and
stand independent OF the 9TH section OF
the 18th article, and do not come within
its control. "The general elections OF
State and county officers and of members
of the legislature" being biennial, and the
sessions of the Legislature biennla.; and
the heretofore frequent and burdensome
elections by the people an eel when the
trainers of our new Constitution
sought to get rid Of, ii was but
natural that they should provide
that vacancies in the minor offices should
be filled by appointment when thay oc-
cur prior to the general election, 70 ex-
pire at such time after the next general
election rs the person so elected to- NIL
the vacancy shall be qualified. But why
they should except the Governor ana
Judges of the Court of Appeals and not
members of the Legislature from the
control of the 7th section OF the 4th
article is, to say the least of 1t, an anom-
alism in our elective system. They con.
stitute coordinate branch of the gov
ernment-come directly from the people,
and their election by the people Is al
ways held to be one OF the fundamen'
tails Of republican government. If the
trainers of the Constitution bad SAID, III
the unexpired term of the office OF Gov
] ernor be more than tCo gears" AS they
| did of a Judge of the Court of Appeals,
it would then have looked as if they in
tended elections to fill vacancies in all
offices should only take place at the
| general elections, which is every two
| years, and then the writ of election might
| be regarded as notice to the ShcritiS to
warn the voters that an election to I'LL
the vacancy for the residue of the term
would take place at the general election.
But ordering the Legislature to provide
| for a nepc election to fill vacancy in the
| office Of Governor, when the unexpired
term is less than three years, clearly
shows that vacancy in the office ofGov-
ernor may be filled at time other than
ut the general elections; and the instruc-
| tions TO the Governor to issue his writ of
election to fill vacancy in the Court of
Appeals when the unexpired teIm Is
more than two years, must mean WITHOUT
delGy; and filling vacancies in the Legs
lature by appointment when they occur
prior to the general elections, an over
salt in the Convention.
VIM. +. ARNOLD.
Weston, January &c, 1876.