The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1881-02-04
The County oaacsrs.

text Of Atty General Mccartney opinion
in regard to the election of county cf6ssra
next fall. Ii is very full and explicit and
would seem to settle the question beyond
dispute. We give below the opinion Of
the Attorney General in FULL
ATTORNEY GENERALS OFFICE,
SPRINGFIELD. ILL. Jan, 27. 1881.
Hon. Fl. FL. THOMAS. Speaker House o.
| Representatives.:
DEAR SIR-On yesterday, received
from your honorable body a copy of O
resolution asking for my views az to the
true intent and meaning of the amend
ment to the constitution of our State,
adopted in 1880. as to whether the per-
sons now in the Offices of county judge,
county treasurer and county clerk are tc
hold their Offices until 1882. or whether
an election is to be held to elect parties to
| fill such offices in November OF this year,
| / have given the subject as full an in-
vestigation as possible within the short
time, and have now the honor to submit,
the following general views upon the sub
Iject:
Section eight, article ten. of the Con.
stitution of 1870 provided that:
| In each county there shall be elected @
county judge. county clerk, county treas
urer. ETC., each of whom shall hold their
respective officers Tor the term of four
years, except the county treasurer, who
shall hold his Office for two years, and
until bis successor is-cleeted and quail
fed"
This is the substance Of that provision,
50 Tar as it applies to the Offices in ques'
ton.
The Thirty first General Assembly
passed joint resolution. providing that al
the next election for mem bsrs OF the Gem
eral Assembly, a proposition should be
submitted toithe voters OF the State 10
amend said section 30 that the same N ay
stance that there shall be elected, on the
Tuesday after the 6rst Monday in No
Yember, A. D, 1882. county judge. couD'
ty clerk and county treasurer, who shall
each hold their respective eff ces for the
term of four years, and until their success.
sors are elected and qualified.
The FIRST question-snd the one that
solves all others-is: When does this
amendment take effect2 There is nothing
in the amendstory act itself. nor 10 the
resolution submitting it, that directly
settles this question; nor is there anything
in our general laws or constitution this
important fact. Ii the older section is in
effect until November. 1882, there ia
nothing to do but TO follow its provisions.
If it was repealed. or the amendment sub
stituted for it, there is DO constitutional
limitation on the power of these Offices
unttl November. 1882.
In determining the point as to when the
amendment does take effect, will give a
synopsis of the authorities which l have
found, and which have determined my
conclusions IN this case, at the risk of being
considered tedious, because of the very
grave im portance of the question and OF
the results to follow.
Section second OF article fourteen of our
constitution provides that Amendments
to this constitution may be proposed In
either house of the General Asse NJ bly,, and
if the same shall be voted for by TWO thirds
of all the members elected TO each of the
two houses, such proposed amendments,
together with the yeas and nays OF
esee house thereon. shall be entered in
full in their respective Journals and said
anne ndment shall be submitted to the
electors OF this State for adoption or re-
lection at tbs next election of members OF
the General Assem- bly,, 10 such manner as
may be prescribed By law. The proposed
ame ndments shall be published in full at
least three months preceding the election.
and if majority of the electors voting at
said election shall vote for the proposed
am endments. they shall become part OF
this constitution
The words in this latter clause are very
strong. plain and expressive, and would
seem TO settle the question, that if the
ID joriiy OF the electors voting at said cleo
ton should vote for the anne udmsnt, that
it should become part of the constitution.
| But il still does not settle the question as
t. tchen is becomes q part of it. Uoder
| this clause it simply determines that the
| vste makes it part without any further
prelimiparies. In many States it requires
a proclamation by the Governor, and q
declaration of the result by the Legisla.
ture, bsfars the provision can goi into force,
but under this ciause. the msjorIty vote
atone makes it part OF the constitution.
| In the case of ScheiI ct al. VS.. Bowman ct
al, 62 Ills. Rep, 32l, our Supreme Court
| held that the SECTIONS oil the constitution
| of 1870. Separately submitted. went into
| fleet upon the day on which the election
was held, although the constitution itself
did not go into effect until August second
| following. The words used in the pro
vision submitting those sections separately
submitted in 1870. were; IF a majority
OF the votes poled are for either of the
! sections separately submitted.
then such of said sections as shall receive
such a majority Of the votes cast. thsy
went into effect go 3nstdah This decision
has been affirmed in the cases of Richards
vs.. Danasho66 Ills, 49, and Wright VS..
Bishop, So Ills. 302 But the decision is
based upon the reasoning, that there was
nothirg to iDdicste any intention
to defend their operation. and
that the evil that that they sought to
remedy admitted of NJ delay. But none
of these decisions touch upon the case
where the amendment itself declares that
it shall act Only at a distant period, and,
therefore. none of them presents much
similarity to tie present case. In other
States, however, we find cases t-ore in
point. We find in the case of Burton v
County of KeDpebec, Al Main. 1888. some
thing trenehing upon the facts in our case.
This was q suit brought by Burton for
eight months salary. On February %,
1854, he was appointed Register. and on |
the LIST of March, 1854. he qualified as
such. for the term Of four years. On the
18th Of March, 1855, the Legislature
passed resolves for an amendment to the