The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1881-09-20
COUNTY OFFICERS.
CAN THE GOVERNOR APPOINT rHEM9


Springfield State Register, the Journal of,
the same city in its last issue says:
THE State Register, in reply to our POSI-
ton on the state election question, asks us
TO reconcile the constitutionality of the
amendment construed as we construe il,
with that clause of the constitution which
prohibits the Legislature from lengthenlng
the term of Office of any public officerl
We reply that there is no antagonism, and
that, therefore, no reconciliation Is called
Tor. A term, in this connection, means the
period of time fixed by law for the duration
OF an office. This has not been extended
by the legislature, or at all interferred with
In any way. The terms of Office of county
Judges clerks, etc, remain the same as
before.
The repeating of the law providing for
an election this fall does not operate TO ex.
tend the term Of any officer, but when cleo
ted under the provisions of law the term
will remain as heretofore fixed. The effect
OF the constitutional amendment Is, that
period of one year in the holding of these
offices remains unprovided for by any cleo
ton law and the present incumbcnts either
hold over until their successors are duly
elected and qualified, or there is a vacancy
TO be iilfed by appointment. And this, we
believe, will be the decision of the supreme
court In the cases now before it to be argued
next Tuesday at Ottawa"
Acareful reading of the above will satisfy
anyone that the argument is good in so far
as the question Of holding an election is
concerned; but when the Journal speaks of
vacancies to be filled by appointment it
tails into an error Which THE BULLETIN
had tondly believed the Journal would be
the last paper in the state to do.
The Journal says; "Thc effect of the
constitutional amendment IS, that period
OF one year in the holding Of these ,ilices
remains unprovided for by any election law,
and the present incumbens either hold over
until their SUCCESSORS are elected and quail.
fed, that's right, "or there is a vacancy to
be filled by appointment" that's all
wrong; there will be no vacancies 10 be
filled by appointment. The BULLETIN adj
mlts that, according to article SIX, section
thirty.two of tho constitution, vacancies
in such elective Offices should
be filled by election; but where
the unexpircd turn does not exceed
one year the vacancy shall be filled by ap.
pointment, as follows; OF judges by the
governor; of clerks of courts, by the court
to which the office appertains, or by the
Judge Or judges thereof; and Of all such
other offices, by the board Of supervisors or
board Of county commissioners in the coun.
ty, where the vacancy occurs" Thus reads
the constitution and The BULLETIN admits
that the governor, county courts or judges,
and county supervisors or commissioners
would have aright'to fill By appointment
next November the county Offices under
discussion, ONLY If rnEysBEcAME VACANT;
but The BULLETIN maintains that no Va.
cancies occur, that therefore no appoint
mcnts can be made; that no election can
be held, anti that therefore tho present in.
cumbcnts MUST hold over "unti their sue.
cessors shall be elected and qualified" as is
required of them by section eight of Particle
ten.
To prove that no vacancies occur in
the county offices, 1t is only necessary to
refer to the statutes under tho general head
OF elections" and the special
head of designations and vacancies"
chapter 40, section 1876, which reads as fol.
lows:
every elective Office shall become va.
cant on the happening of either Of tho fol.
lowing events, before the expiration
of theterm OF such Office: First,
the death of the incumbent; Sec
ond, his resignation; third, his becoming
insane; fourth, his ccasing to be an inhabi.
tant Of the state; or, II the Office Is local,
his coasing to be an inhabitant of the dis.
trict, county, town pr precinct for which ho
was elected; fifth, his conviction Of an in.
famous crime, or any offeusc involving q
violation Of official oath sixth, his removal