Daily Republican., 1880-11-15
nina Laxx Conrt Terra.

Wnou tu0 hcFy NVutt h0s A@S'
day in this city, to inspect the le'
Court house, it was noticed that instea
OF the newly elected members forming
portion Of that body, the old ones VII
we're elected out of Office still retail
their position. This has led to
question a. 1, the legality Of their &C
tons, the term Of oiioe OF FIVE Of them
Msssrs. Lodge, Carswell, Silver, Rus
bands and Wilson according to the Law
Oh laid down in the State digest, hsvin!
expired on the day Of the election
That there may be no mistake and tina
all may see and read for themselves VI
reprint the following which is all VI
can find bearing upon the matter ant
which in the absence Of any other pro
vision is csrtsinly conclusive that TIL
terms Of Lazy Court members both com
mence and close with the election
Section 2, Article VIII. Of the Revised
Code reads as follows:
"The Commissioners Of each county
shall be elected BY ballot at th.
general election in suoh county by the
oitizsns thereof having right t.
vote for Representatives and they shall
respectively hold their office for four
years; except that If q vacancy occur
before the expiration Of such term, the
Governor shall appoint suitable per.
son, residing in the hun irsd where thu
vacancy happened. to supply it. Tn
appointment thus made shall continue
until the next general election, when
the voters Of said county, qualified o.
aforesaid, If the regular term be not ther
expired, shall elect commissioner fOI
the residue thereof. In computing thu
term, the period from one general cleo
lion to the next shall b. reokoned two
years. II at any election FIR Levy
Court Commission RI two or more per
sons shall have an equal and the high.
eft number Of votes for Lazy Court
Commissioner for the same Hundred.
the Governor shall appoint asuitable
person residing in the Hundred where
= vacancy is thus o,caSioned to supply
said vacancy. The appointment thus
made shall continue until the ne1t
General Election"
The wording OF the foregoing section
like all other laws, Is somewhat ambig
uous, bat there can be no doubt from
tbs wording and & neral tenor OF it, that
the ending and beginning Of the
term Of q Levy Court Commissioner
is at the general election, and newly
elected members may certainly take
their seats as soon after the result IL
announced by the return board as they
can take the oath Of Office before any
magistrate qualified to administer oath'.
We shall not complain nor find fsu.H
with those members of the Levy Ccur'
who have been elected cut OF their po-
sitions, for meeting with the court last
Friday and taking part in the proceed
ings, though it was clearly illegal for
them to do 90, for we doubt very much
II any Of them thought about the law
In the case, and as the meeting Of the
court in February is the first Of impor-
tanoe in the year, they naturally no
doubt thought that their term extended
until that meeting. And yet 1t Il
strange that such we'll informed gentle.
men as Squire Wier, Albert Silver and
President Bright did not know when
their terms commenced or when they
ended. The natural modssty Of Mr..
Albert Silver had he thought about 1t
would have impelled him to have
STOOD aside and have allowed his
brother Samuel, the newly elected
to have taken his placs in tAs
Cur. We say we believe it was a
and the members who were
succeeded by others at the late election
will not take their places in the cour
ag.in. It might as well be- understood
however that no appointment which
any committee Of the Court, made by
from these members whose term, havc
expired, for janitct or any other Office
about the new courthouse will be legal
We would advise these members tn
think twice before they act onos. III
they meet tomorrow and appoint az
man as day janitor there
may be trouble ahead. The people Of
Wilmington have repudiated the man
who it is said Is the only applicant for
day jsnitor and 1t will look like adding
insult to injury for committee not
having any legal status to foree him
into such prominent position. The
FIRST duty Of President Bright was to
lave called the Court together after the
election, admitted the new members,
rsorganized, rearrangsd the committees,
and then there would be no question
in regard to the legality Of their pro.
ceedipgs.