The Ottawa free trader., 1881-08-13
LET US HAVE A DECISION .

The Springfield State Register makes tn
following suggestion:
That the democratic state central COMMITTEES
be convened for the purpose Of recommending
to the COuHty central committees uniform &C
tion ip reference to the fall county elections
We notice that in some counties the commit
tees are preparing to call conventions 10 nom
mate candidates for county offices. Oihel
counties are taking no action The impor
tancc Of uniform party action throughout tht
state cannot be ovcrcstimaed The state cen
trail committee should decide what the duty OF
democratic county committees Is IN the emer
gency that now presents itself.
| Instead OF decision o. the question b. the
Democratic State Central Committee, whose
opinion would be worth about as much as a
toot from tin whistle, why rot take the nee
cssary steps to have decision from the Su'
preme Court Several county clerks have al.
ready announced that when the proper time
comes under the election law which 1t is ar
gued the last legislature unCOnsiitutIonally re.
pealed, for calling the election next fall, they
will refuse to issue such call. There seems to
be no doubt among lawyers that proper man.
damuS case can be made up in time and de-
cision obtained from the Supreme Court, di-
reCting such clerks to Issue the call IN ques-
ton, if the court hold that such is the legal
requirement. or advising him that the call
need not be issued
The FREE TRADER has heretofore ventured
the opinion that no such call IS necessary nor
is it convinced to the contrary by the argu
ment 0i so astutc n !ayman ~ Mr.. Andrew
Lynch. The only point Mr. Lynch makes In
his article on the subject IN Thursdays OF
tawa Rcpubhca1, is tha, the law of the last
legislature repeating the law providing for an
election this fall Is unconstitutional THIS is
at least an admission that If such law Is con
stitutlonal there can be no election, and in that
respect differs with Attorney General McCar.
thy, who maintains chat the elections can be
held whether the law in regard to calling it,
&c, Is observed or not But the repeating law
is constitutional. The constitution says the
Legislature shall pass such laws as shall be
necessary to give effect to It's PROVISIONS. BE.
fore tho constitution was amended the lecisla.
ture, pursuant to its bohest, made the ueces
sary provision for holding the election In 1881
but the constitution having been so amended
as to change the time of holding the election
to 1882, the legislature, in obedience to the
new bchest, changed the law to conform to the
new constitutional provision What else could
it do? II certainly could not provide that one
election for officers whose terms by the consti-
tuition were fixed at two and four years should
be held in 1881, and another election 20 super.
sedc these officers IN one year should bc held
in 1882. The legislature took the constitution
as they found it--as they were sworn to obey
it-and complied with Its provisions strictly
and literally.
What though it did lead to u mudde in
making no provision for the ,ntcrregnum of
one year between the expiration of the terms
Of the present officers and the commencement
Of the new officers to be elected in 1892 That
was the affair OF the trainers of the cons,itu
tlonal amendment, not o, the legislature The
former doubtless reasoned that the case was
'""N'N"t'y ,''S'oi oy tuC COustltutlOIdl pro
vision, which was left untouched, tha! the
present officers should hold over until their
were elected and qualified; and the
Legislature evidently entertained the same
opinion. But If both were mistaken, and the
officers In question can net SO hold over with
out warrant of some express constitutional
provision there is another constitutional pro.
vision as well as a law to cover the case. The
constitution does confer upon the Governor
powers to ill all vacant judgcsLps by tempo
rary appointment until the next regular eec.
lion, and upon the various county boards to
hll in the same way all vacant county offices.
Let us, then, have decision or dictu,n
Df the Supreme Court on these points Must
there be an election this fall? and if not, how
are the offices which become vacant on the
expiration of the terms of the present officers
70 be filled? DO they hold over until their
successors are elected in 1882 and qualified, or
must their SUCCESSORS for one year be appoint.
nt