The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1881-07-16

OTTAWA, July 6, 1881.
WessrS. EddOrs.-lt may perhaps be con.
ceded that the act of May 10, 1881, would be
unconstitutional under the amended constitu-
ton of 1870, because by section 20 of article
it is provided that "nO law shall be passed
which shall operate to extend the term of any
public officer after his election or appoint
mcnt;" and because the act Of May 10, 1891, if
il prevents an election from being held in No
vembcr next to elect officers In the place OF
those whose terms would otherwise expire on
the first Monday IN December, 1884, does OPP.
crate to extend their term of office until the
first Monday in December, 1882.
This, however, Is not the real question. Is
the act of May 10, 1881, in conflict with the
constitution az amended under tho Joint reso.
luton, which may be found on page 800 of
the laws OF 1870, and which is as follows:
"Resolped By The Senate Of the state Of INSnsis,
tie House Of Representatives. concWrtng here
in, that there shall be submitted to the voters
of this state, at the next election for members
Of the General Assembly, n proposition to so
amend the eighth (S) section OF the tenth (lO)
article OF the constitution of this state so that
the same may read as follows: In each county
there shall be elected the following county of.
ficers at the general election To he held on the
Tuesday after first Monday in November, A.
ID. 1882, a county Judge, county clerk, sheriff
and treasurer, and at the election to be held on
the Tuesday after the first Monday in Novem-
Der, A. ID. 1884, coroner and clerk OF the cir.
cult court (who may be ex-officlo recorder of
deeds, except in counties having 10000 and
more inhabitants, III which counties a record
er of deeds shall be elected ut the general cleo
ton in 1884. Each of the said officers shall
enser upon the duties OF his Office respectively,
on the first Monday of December after his
election, and they shall hold their respective
offices for the term Of fonr years, and until
their successors are elected and qualified. Pro
pided, that no person having once been elected
to the office of sheriff or treasurer shalbe ELI
gible to re election to said Office for four years
after the expiration of the term for which he
shall have been elected"
This section became substituted for section
8 of article TO- and the latter ceased to exist af.
ter the votes were canvassed, under section of
the act in relation to amendments to the con.
sttutIon.-Huds Statutes Of 1877, p. 1871.
Is 1t not reasonable to conclude that, under
the maxim, "Erpvssio mus est erclusiO alteri.
u.s." or, as it is otherwise expressed, "Erpres-
sum fdch cessdre tdcitum" the expression
in this amendment, made when officers, whose
terms would otherwise expire in December,
1881, were still in office, There shall be elect.
ed the following county officers at the general
election to be held on the Tuesday after the
first Monday IN November, A. ID. 1882, - means
that there shall be no election OF such officers
until them
1t can hardly be supposed that it was intend.
ed that there should be an election in Novem.
bel, A.D. 1881, and another in November, A. ID.
1882, for such county officers because each of
said officers was to enter upon the duties OF
the Office on the LIST of December after his
election, and to hold II for term of four years.
II II were not intended that the election of