The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-23

II
vacancy occurred in the office of Secre
tary of State, it should be filled by tn,
Governor until the next meeting of tn,
Senate"
They knew that they bad pro
vidsd in article Z, sec
ton 16, that whenever 6
vacancy shall occur in the Office of Gov
ernor, before the first three years of the
term shall have expired, a new election
shall take place to fill the vacancy"
They know that by article I, section
II, they had provided that, "If the office
of Auditor, Treasurer, State Superintend
ent of Free Schools, or Attorney General
shall become vacant, by death, resigna-
ton or otherwise, it shall be the duty OF
the Governor to fill the same by appoint
ment, and the appointee shall hold his
| office until his successor shall be elected
and qualified in such manner as may be
prescribed by law"
That by article 8, section I, they had
provided that, "1f vacancy shall occur
in said court (the Supreme Court from
any cause, the Governor shall issue a
writ of election to fill such vacancy for
the residue of the term. ProUidsd, That
| if the unexpircd term be less than two
years, the Governor shall appoint judge
TO f such vacancy"
That by section s, article 8, that 1.-THE
officers of the Supreme Court OF Appeals,
| except the reporter, shaLL be appointed
! by the court or in vacation By the judges
thereof, with the power of removal. And
/ 90 wit hn NJ
| filling vacancies, as incident TO the power
of appointment. They knew that they
had provided in Art. s, Sec. ~, that "the
voters of each county shall elect clerk
of the Circuit Court, whose term..ot office
shall be six years, and when cacancy
shall occur in that office. the j'0ige of the
circuit court shall appoint clerk, who
shall discharge the duties of the office
until the vacancy shall be filled by
election
They also provided, article 8, section
80, that "a vacancy ia the office OF the
President of the County Court shall be
filed until the next regular election, by
the justices, all Of whom shall be sum-
moned for that purpose" and that eva
cancies in the Office Of Justice Of the
peace may be filed, until the uext regu-
lar election by the County Court"
Now here are eight distinct classes of
offices, the time and manner of fill
Ing vacancies in which is, in
whole or in part, expressly pro-
videis by the Constitution itself, IN
language that cannot be misunderstood.
No one will contend that vacancy in
the office of Secretary of State occurring
before a general election, must be filled
until the general election by appoint
ment, and then, for the residue OF the
term by election. Why not? Because
1t is plainly provided in the Constitution,
both Us to the time and manner, in which
tins vacancy shall be filled.
SO with reference to vacancy in the
, office of Governor; it cannot with any
force be contended that vacancy in the
Office of Governor cannot be filled IN any
other manner, than by election, the time
and manner to be prescribed by the Leg
i:lature.
Again, with reference toa vacancy in
the office of Auditors, Treasurer, &c. 1t
Is by express provision of the Constitu-
ton made the duty Of the Gocernor TO
fill such vacancies by appointment, until
mis- successor is elected and quail
lied in such manner as the Leg
isAture may prescribe. We think IN
case OF vacancy IN one of the subordl-
nate executive offices, that the Legisla
ture could, under this provision, fix the
! time as well as the manner OF filing
| these vacancies. The Legislature 50
construed this provision by providing
that these vacancies shall be filled till II
| successor shall be elected and qualified
| according to law. 1t is certain that the
Legislature could not authorize any one
| but the Governor to make the appoint
ulents and alSe, that that appointment
must continue until the successor shall
be elected and qualified. As We have
shown, the officers of the Supreme Court
of Appeals shall be appointed by the
Court, with the power OF removal. We
presume no one will claim that these Of
Ulcers could be appointed in any other
way, or, that vacancies therein could be
filled by any other authority than APP
puiutment of the court, or the judges IN
vacation, as stated in the Constitution.
Oft vacancy occurs in the Office OF
Clerk OF the Circuit Court, 1t is made the
dutv of the J,.dge thereof, to fill the va
caucy by appointment, until the vacancy
snail be flied by election. This pro-
vision, unlike any of the others enumer-
ated, might authorize the filing OF the
vacancy at the next general election alter
the vacancy should occur; prOrldsd 1t
did not occur after the regular election at
! which the successor TO the office had been
elected. In that case we think it would
be the duty of the Legislature to provide
that the appointee should only coatnue
| IN office till the successor should 1uailiy
and assume the duties of the office at the
beginning of the next term, and that II
could not provide, that the vacancy
should be liiled ut the next general cleo
! ton.
The constitutional provisions for
filling vacancies in the offices of Presi
dent of the County Court, and
vacancies in the offices of justices
of the Peace, are still different
from all the other constitutional Prov.
sions in relation to filling vacancies
4
be filed till the next regular election.
That we suppose, means till the end OF
the term, or ut least till the election at
which the successor woad be elected, if
there had been no vacancy. These term,
of office are for four years. ia vacancy
should occur at such time that one gen
ersl election would intervene between
the time at which the vacancy occurred
and the regular election, would section :
of article abrogate this special provl'
sion OF the Constitution providing for
filing these vacancies until the neNt
regular election, and require the vacancy
to be filled at such general election? We
think such construction could not be
maintained.
If, then. the vacancies are TO be led
in the ,,,ang.,r and Tor the time required
BY the numerous constitutional
provisions cited. why Is i. that
the constitutional provision IN re-