The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1879-01-22
FILLING VACANCIES.
No. po1xr. M1ss.. January II, l9i

WEsr PoINT. Mss, January IL, 1919
EprroRs CLARION: For fear you may
Inadvertently misIead the Boards OF SUPER
visors Of the several counties as to thfIr
duties in cases of vacancies in eounty en-
ees. l would like TO call your attention
specially to the several laws. or AT leaS' "
nv constr uction of them.
The Constitution. Article section ~
and Article 8. sections 20 and %, provides
for fl ling county offices by elections Ar
ticle section Is, prov ides that the Legs
larure NAV provide for filling vacancies IN
certain cases. From these provisions TWO
things are evident
lst That the policy of this state Is tna'
the county offices shall be elective.
u. That The manner OF filling vacancies
i RENTED to the Legislature.
II follows then that where there are TWO
or more legislative acts, one set proVidlnS
for filling vacancies by election ahu tue
other set hy appointment ALL CONNECTS De
TWEEN th,. two sets where there is a doubt,
should be re -olved i'm favor OF the elective
act as more i'm accordance with our state
policy. -
Besides, there Is a rule OF legal construc-
ton that unless statute expressly repeats
4 former one il will not do 80 by lmpllca-
ton il the two can be harmoniZed, or un-
lass there i a plain repugnancy be ween
them, and then only to the extent OF such
rVpugnHucy
Nov the act of 1879. D 2O3, provides that
the vacancy shall b till"d by appointment.
until such vacancy shall be filled by elee-
ZION according to law lie cannot De
laubted that "A special election can BE- as
much according To law" as a general one,
II they are both provid d tor bv law. C"de
of 1871, sections 279 1893. 1850. aid 1868
provide way of filing all vacancies I1
county offices by election In" act OF 1873
is evidently only intended TO fill the vacancy
{. fnpOrdrilg. and to prevent a stoppage of
business during the time that the regular
m tchinery to fill the vacancy perm.IHeUb
is bang put into operation. so the peopk'
are not deprived OF their right farther than
the absolute necessity OF the case requires.
unless the Boards OF Supervisors fail in their
duties.
In regard to filing vacancies in stat
offices and district offices outside OF those
Pc vided for by the Constitution, there
seems TO me to be "A cGSdS OnliSSUs, Code
1871, section 1894 provided for filling such
vacancies. bur this section was repealed
n acts If 1876, page 1918 All that i con
t-rr-d by Code 1871, sections 81, 80. and
LOG would probably be color OF uttle, aud
i mi ght answer " here there i no war
provided to raise up ri0ttful claimant to
con est. Section 100 provides tor an APP
continent by the Governor in all Offices
biect to such appOin ment under the Con-
stitution and laws. This whole article
yol will notice, is on the ''duties OF the
Governor" and section log OILY provides
Thai where az Office is appointiYe. the APP
puiutmrnt is u be made by the Governor.
II does not propose to make any "ffire
dpp0intiUe a. You viii see by the peculiar
word such hut merely proposes TO dr>i2-
nate the person who shall ii appoint
tue flies. | would rather iufer from sec
tion> 81 and 80 that these Offices were elective
hut the difficulty is that section LOG provides
who shall make appointments, where APP
pniutments are provided tor, and sections
81 and 80 seems to mean that where APP
points are not provided for. the vacancies
are eiectiv but does not provide a mod"
or manner ofelection- Section 1874 supplied
thei missing link, and It's repeal leaves US
At sea. This section 394 was repealed by
the Legislature in the exercise of its legiti-
nate authority 10 accomplish a legitimate
purpose, but it seems To me that the repeal
of the last clause of the section would have
accom- pli~hed the purpose, and then when
the body polite became entirely sale. the
act OF 1877 should have embraced State and
District, well county offices.
When | set on meant to couiine my re
marks to County affairs with which we are
al intimately connected, but hope you will
excuse the DEPRESSION 10 State affairs we
are not entirely disinterested in them.
Respectfully, b.