The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-01-12
VACANCIES IN THE LEGISLATURE
Can They be COnstitutiOnally Filled
by Special Elections

Is there any authority in the constitu-
ton for filling vacancy in the position
of member of the Legislature by spec
ial eiection7 Since the question of fill
ing a vacancy on the supreme bench OF
the Court of Appeals by appointment has
been mooted, We have been looking into
the constitution and can find no authority
for an election for filling vacancy of Il
member Of the Legislature at any other
time than at the general elections. The
9TH section Of the 4th article provides,
that 1.-THE general elections of State and
county officers and of members of the
Legislature shall be held on the second
Tuesday of OcIo5tr, un il 9th rwise pro
vided by law. The terms OF such Off
GERS, not elected or appointed to fill a
vacancy, shall unless herein otherwise
provided, begin on the first day of Janu-
ary, and of the members of the Legisla-
ture, on the first day Of November, next
succeeding their election. Elections
to fill vacancies shall be for the unexpired
term. When vacancies occur prior to
any general election they shall be filled
by appointment in such manner as may
be prescribed herein or by general law,
which appointments shall expire at such
time after the next general election as
the person SO elected to fill such vacancy
shall disqualified" There is no other
authority to be found in the Constitution
for filling vacancy OF member OF the
Legislature. 1t seems that the
Intention of the Constitutional COnven-
ton was to do away altogether with
special elections for State and county
officers and members of the Legislature,
The tax payers under our first Constitution
were cursed with frequent elections, and
the people wanted the evil done away
with. MS far as could he consistent with
republican government. And our
present Constitution has denied in toto,
the right to the Legislature, the power
TO enact laws providing for special cleo
tons. There is no such power in the
Constitution. Vacancies in all elections
of officers occasioning prior to the general
election, must be filled by appointments,
which appointments in the words OF the
Constitution, "shall expire at such time
after the next general election, as the
person so elected to fill such vacancy,
shall be qualified Elections to fill
vacancies shall be for the uneXpired
term means members of the Legislature
as much as State or County officers; all
are to be elected at the general election
and to hold for the unexpired term, and
where vacancies occur prior to the gen
eral election they can only be filled
by OBSERVATION-DISCLOSURES OF the Leg
islaturc, us we'll rs Judges of the Courts.
Take the Executive Department-lts
article and 18th section: If the office OF
Auditor, Treasurer, Safe Superintendent
of Free Schools, or Attorney General,
become vacant, the Governor shall I'LL
the same by appointment and the ap-
pointee shall hold his office until his sue
cessor shall be elected and qualified.
And in the 10th section, same article:
If vacancy shall occur in the office OF
Governor, and there is no president oil
the Senate and no Speaker of the House
of Delegates, and there is no one to act
as Governor, the Legislature shall elect
or appoint one Carrying ont the same
object, it is provided in the eth section
of the sth article, if vacancy shall oc-
cur in the Court of Appeals-if the I'M
expired term be less than two years, the
Governor shall appoint Judge to fill
such vacancy And in the 18th sec
ton of same article 1t Is
provided. fla vacancy shall occur In the
Office Of Clerk of the Circuit Court, the
Judge thereof shall appoint Clerk, who
shall discharge the duties of the office
until the vacancy shall be flled by cleo
ton. Again, if a vacancy shall occur IN
the office of President of the County
Court, the vacancy shall be filled until
the next regular election by the Justices,
and vacancies in the office Of Justices
shall be filled by the County Court. In
constituting State Constitution, 1t Is
maintained, land we believe asserted &c
or held by the Democratic party that
where authority to enact a law Is mol
expressly denied, it may be exercised 10y
the law making body. But the question
may we'll be asked here, Is not the power
expressly denied to the Legislature to
provide for filling vacancies IN
office by election by the people
before the general election
of State and county officers and OF mem
bers of the legislature. 1t seems to us thas
vacancies in office can only bs filled oy
appointments The Legislature OF our
State, it would seem. has so held by pro-
yldinc at its late session tor filing The
vacancies in the judgeships by appoint
ments. Now if vacancies in these two
offices could only be filled, under the
constitution, by appointments, is 1t mol
equally true that raeancies in members o.
the legislature should also be filled ey
amendments? viii the learned CHAIR
man of the Judiciary Committee OF the
Senate be good enough TO enlighteh the
public on this vitality important question
Pro BoNo PUBLICo.