The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-12-04
Filling Vacancies fn County Or
aceS.

We do not deem ii necessary to dis
cuss the points involved in the cores
pondence between the Democratic Tx
ecutive Committee of Tunica county and
the Governor, which we have published
at the request Of the Committee. New
ertheless it affords US the opportunity Of
protesting against the law imposing this
duty upon the Governor, as under1ocratlc
and odious. 1t is objectional no less IN
its origin than in principle. In Decem
Der, 1874, during the wretched days OF
Garnet bag government, after the people
of Vicksburg and Warren county, IN
able longer to endure the corruption OF
their county officers. drove them from the
the places they had prosttuted, bloody
shirt proclamation was issued by Gov
Ames, calling an extra session of the
Legislature to petition the Federal gov
ernment to suppress the movement OF
the outraged people, and to confer upon
the Governor, (Ames) the power to Eli
the offices which the corruptionists had
been compelled to vacate. A law
was passed comforting upon the Gov
ernor the power Of filing vacancies
in county offices--the object being
to cover the case Of Warren
county. Under this Act the late j. p.
Glmer Of Kemper county, who was
r qown as hold daring and rockies;
adventurer peculiarly mt for treason
strategem and spois," was imported into
Warren to fill the office OF Sheriff How
the Infamous plot reacted upon It's au
thorS, and accelerated the uprising of the
people for the overthrow Of their oppres
sors, is familiar history.
One of the first steps of the people Of
the State in 1876 after the expulsion OF
the aliens and corruptionists, was to re
peal the Ames law of December, 1874,
which was done by the Act of January,
1876.
In his Message Of January Sth, 1878
Governor Stone called the attention OF
the Legislature to the frequent occur
renee of vacancies in county offices and
the inconvenience arising from their
remaining vacant pending the execution
of orders for special elections which
Boards of Supervisors are required in
Article 6, section 2 OF the Constitution
to hold but he did not recommend that
this power of temporary appointment
should be conferred upon the Executive.
Nevertheless an Act of that purport was
passed as follows
AN ACT to fill vacancies in county offices
SECTION l. Be it enacted by the LegislA-
ture OF the State of Mississippi, That hen
/ any vacancy shall occur IN any elective
county office, in this State, caused By death,
resignation or otherwise, it shall be the
duty OF the Governor to fill such vacancy
by appointment. and such aupointre to
continue in office until such vacancy shall
be filled by election according to law.
SEC. 2. Be il further enacted, That this
Act take effect and be in force from and
after its passage.
APPROVED, February ?, 1878.
1t this act which we have reproba-
ted as odious and undemocratic. AS
Stunning that the necessity exists for law
authorizing vacancies to be temporarily
filled until Boards of Supervisors can or.
der elections to fill them, the Governor
is not the proper authority for the per
Torrance of shat trust. 1t would have
been more appropriately vested in Boards
of Supervisors who are directly response
bic to the people of their several counties,
and are presumed to be better able to
reflect their will. Where dissatisfaction
with the Governors appointment exists,
the way to remedy it is for the Boards of
Supervisors to comply with the spirit and
letter of the Constitution and the law,
and order elections with the least posi-
bic delay. The Constitution prescribes
that they "shall order all county cleo
" tons to fill vacancies that may arise in
" the offices heir respective counties.
And the law, quoted above, requires the
Governor ''to fill such vacancies by ap
" pointment, such appointee to continue
Gin office until such vacacancy shall be
{" filled by election according to law"
To assume that the appointee shall hold
his office until the expiration of the term
is mapifestly erroneous, for in that event
''the vacancy" would mot be filed by
election" at all.
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