Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-12-19

ting therein the Offices of register of deeds,
sheriff, treasurer, judge Of the probate
court, district attorney. coroner, supcrin-
tendent Of public schools, assessor, and the
other two county commissioners. This
raises the question squarely, whother Il was
his duty to incorporate into such notices
the names of the last above named offices,
and thus the question Is raised whether such
named Offices were to be filled at the olec-
tion thereafter to be held on the 9th OF No.
vember, 1877.
On behalf of appellant we claim that it
was not his duty 10 name those offices In his
notices, because they were not offices which
bv law were to be filled at the election in
1877, for the reasons: 1st. No vacancy
was. shown to exist; I'd. The power of ap.
pointment had been given to the governor,
and had been exercised, under the special
act approved February 10th, 1877. page 215.
of the revised code, and by section 6 of said
act, aAid officers 80 appointed were to bold
their oflces until their successors should be
elected and qualified according to la,o. Aud,
3rd. There was no law authorizing the
election In the year 1878: section Is, page
lac, of the revised code.
This special enactment cannot by any fair
construction Of it, when speaking of the
election and qualification of the successors
to these officers be held to refer to any 9th.
er enactment providing for special cases, but
must be held to refer only to the general
law upon that subject. to-wit: To the pro-
visions of said section Is, referring to the
officers Of organized counties.
This became an organized county at once
the governor and their qualifying.
any provision for the election In organized
counties of such officers, save in said sec
tion Is. which provides for their election
in 1878 and every two years thereafter.
III.
Section 8, of said chapter 81, relating to
counties and county officers and the organi-
zation of counties (psge 40, revised code, J
provides that county commissioners, ap.
pointed upon the petition of fifty voters and
upwards, may appoint county officers, and
that such officers so appointed by such com
missioners shall hold their offices until the
next general election and until their success
sors shall have been elected and qualified
but does not provide for such Limitation of
term, of officers appointed in any other way
or by any other tribunal or authority.
And therefore it would be legislation and
not construction, to tack those special pro
visions to this law relating to the counties
in the Black Hills, when no reference what
ever is made thereto.
But even under that law we do not con
cede that the officers thus appointed, if ap
pointed previous to election in an odd year
would only hold until the election of tba
odd year, for such construction would
make the term OF the officer then elected
but one year, whereas the term of all suct
officers when elected, except county com
missioners, is made two years by Law.
Again in support of the view we take, We
call the courts attention to section s. IL ano
12 of pages 60 and 81 of the "Revised
Codes" in which it is provided, that all va
cancies in these disputed Offices, shall bt
filled by the board Of county commissioners
and appointments to vacancies there made
shall continue until the next general elec
ton, at which tine vacancy can be filled
and persons thus appointed shall qualify
in the time prescribed in their appointment
whereas, by sections 9 and 10, pages 10 and
IL of the Revised Codes" officers elected
are to qualify and enter upon the duties o
their office on the 1st Monday of January
succeeding their election, or within ten day
thereafter, and their terms commence o.
the 1st Monday of January next succeedin,
| their election.
Now here in the statutes can be found
a provision limiting the term, of these off
ces when filled by election to less than tw
years.
On the other hand, by Chapter %, pag
224, laws of 1862, the terms of thes
offices are expressly fixed at two years an
as to the term of such offices, that Chapte
has never been repealed. But by the con
struction of this Black Hills enactment con
tended for BY respondent, the terms of al
these Offices filled by election in 1877, woul,
be by implication merely, limited to on
year. This we repeat if followed by tn
courts, would be legislation and not con
struction.
As seemingly to enforce our view of ..th
proper construction of this Black Hills en-
actment we find an express exception in tn
case of justice Of the peace, they being, b.
the Sth section thereof only to hold unit
the election in 1877; and if it was the inten
ton of the legislature that all the othe
Offices should hold only until that time, VIII,
single out and expressly mention justices q
the peace.
Does not the rule here apply, that the ex
press mention of one class excludes the 9th
ers. [Dwarris on statute, p. 221.]
coNKLING AND GORDON.