The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1881-08-27
THE COUNTY OFFICER MIDDLE

IL seems to us the clemens lnat enter ih'o
the discussion of the question in regard to a
new election of county officers next fall or the
holding over of the present officers are so few
that a plain, brief statement OF them ought
greatly to simplify the matter The OLD con-
s,itu,ion, Sec. 8, Art, 10, provided that certain
county officers should be elected at such time
as the legislature should direct to hold their
offices for two and four years. The legislature
passed q law fixing the time for their election
in 1877, 1872 1881, &c. Then the constitution
was amended so as to fix the time OF the cleo
ton of these officers In 1882, 1884 &c, and
the legislature was directed to pass laws so rs
to give force to this new constitutional pro-
vision Accordingly, /. so amended the OLD
law directing an election to be held in 1881 as
to read that The county judges, county clerks,
county treasurers," &c, shall be elected or
Tuesday next after the first Monday OF Novem-
ber 1882 and every four years thereafter" &c,
Now the only question is, when the last leg
islature changed the election law so as to make
1t conform to the constitution as they found ii
and took the oath to obey, and thus changed
the time of holding the election from 1881 to
1882, and of course repealed the law tor hold.
ing the election in 1891, did they transcend
their power? Mccartney and all the others
who contend for an election this fall say they
did, because the effect Of their legislation was
to extend the terms of the present county Off.
GERS. If that is the case, then the law ID null
and void, and there is no law for holding the
elections next year, for surely it would be ri
diculous to say that the law was unconstitu,
tional so far as Its effect was to wipe out the
elections this fall, but perfectly good as to the
elections next fall. Either the Legislature had
or had not the power to repeal one Of its own
laws IN accordance with direct mandate Of
the constitution, and pass q new one to take Its
place, and the sbsurdity of denying the legisla.
ture such power is obvious on It's face. The
legislative enactment therefore is valid, and
there IL no law for holding an election this
fall.
What fOllOwsi When the terms of the pres
CIV ouuCcio cAPAO, "Ao 'h0 onASSe 'oS"nt ANo'
at all They hold until their successors are
elected and qualified in 1882. The governor
canno, appoint their successors nor the county
boards, tor they cnn only appoint to fill vacan
cies, which can only occur by death, resigna
ton or disability to serve. The terms Of the
present officers are extended" 1t Is true, but
not by the Legislature, which only obeyed the
constitution, but by the constitution itself, and
we have yet seen no claim put forth that the
people have not the power IN their sovereign
capacity as we'll to extend as 10 shorten the
terms of their officers, or abolish them alto.
gether If they see fit
In this connection We may be permitted 10
sly a word In regard to proposition that is
beng made in many quarters TO avoid all DIFF.
fculty by the people generally agreeing to go
through the forms Of an election this fall and
re-electlng the old officers. What Is the need
of that9 The result would be precisely the
same TO hold no election. No one questions
not even the as.ute McCartney-th that If no Off.
Gers are elected this fall the present ones must
necessarily hold over, unless they decline to
do 80 and resign, IN which case there would be
an indisputable vacancy, which the governor
or county board could fill by appointment
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