The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1881-05-05
THE ATTORNEY GENERALS LETTER.

Uclel"l l1dill, PtCllSIlcu III the JOulllil
of the 2lst ult. expressing his views as to
the expiration of the term Of Office of 4
Justice of the Peace appointed to fill a
vacancy under our village charter.
lie says, "Y our chatter seems to be
silent us to the term of persons ap
pointed to an Office, and consequently
that question must be determined by
an examination of the General Stat
ntes;" and refers to sec. 4G, =. Is; SIC.
II, p. 1866; and sec. As, p. 173.
Sec. S of our charter reads, ''Vacan-
cies in the office of president and trus-
tees, shall be filled by the legal voters Of
said village at 4 general or special cleo
ton, and vacancies in all other Offices
by appointment by the trustees.'
1t seems to follow then that vacan-
cies in all Offices except president and
trustees cannot be filed at any election
either general or special, but must be
filled by appointment,
AS the charter is silent as to the time
an appointee shall hold his office, and
being appointed to ill vacancy, it
seems us Il sequence that he would hold
for the unexpired term. Unless spec
tally limited to II less period Of time
that vacancy must he vacancy for the
term Of office, as it cannot he filed ut u
general or special election.
Sec. 5, above requires vacancies in
the Office Of president and trustees to
be filled ut a general or special election,
aud it is reasonable to conclude that
such an elective officer will hold dur
ing the unexpired term ol!>is pre.lecess.
or. If that vacancy were filled by APP
pointment, the appointee certainly
would hold for 10 less time.
But the Attorney General further
says, ''As the charter is silent conse-
quently that question must be determ-
ined by all examination Of the General
Statutes" The sections cited by him
have reference only to State, County.
District and Township officers. The
officers provided by our charter III no
way are dependent upon the General
Statutes for their existence, powers or
continuance in Office. They are officers
unknown to the Statute Of the State at
large, and dependent wholly upon the
charter for their existence. We cannot
look outside Of the charter for theirjur-
isdiction, save only as specified there
in.
Sec. 46, p. is, cited by the Attorney
General. reads, "Any State. county or
district officer appointed to fill IL vacan-
cy. Shall hold his office until the neat
general election. and until his successor
is elected and Qualified"
Under our charter we do not elect
either State, county or district officers,
and thu general election is held on the
first Tuesday after the first Monday in
November. Is it possible the Attorney
General means that the appointee IN
der our charter will hold till the fall
State election? If so, Mr.. McManus
certainly will be we'll IN Office till the
6th day Of November, 1871. Nor could
any successor then be elected under our
charter, for our charter election occurs
Oh the 81 Tuesday in March in each
year. If that section controls in cases
oil vacancies, under our charter. such
vacancies can lever he filled at Il char
ter election.
Sec. II, y. 1865, cited reads, I'm all Of
fees not otherwise provided for, when
vacancy is authorized to be filed by
appointment, such appointment shall
continue until the next general election, :"
etc. This section is also subject to the
same objection us Sec 46.
Sec. IS, p. 173, cited reads, "Whenev-
er any vacancy happens in any town Of
flee the Justices of the Peace
OF the town, together with the board of
supervisors shall fill the va
cancy by appointment = and
the persons so appointed shall hold their
offices until the next ANNA! to,cn meet
;ng," etc.
This section, too. is subject to the
same objection as the others. for the
annual town meeting is held on the
81 Tuesday Of March-one week before
our clltrter election.
Perhaps the Attorney General intend
ed it to be understood that by analogy
to the General Statutes relative to va
cancies it should be inferred that an ap-
pointee held only to the next Charter
election, whenever that might occur.
But it does not appear sonud that the
tenure Of Office depends upon differences
to be drawn from statutes applicable to
another class of officers.
The view of the Worthington Attor.
neys was, that as there was only one
Justice Of the Peace to elect, two can
didates for the same office upon one bal
lot. rendered that ballot as to that one
office void.
Sec. 81, ,. IS, Gen. Stat, reads, IF
more persons are designated for any Of
lice than there are candidates to be elect
ed such part Of the ticket
shall not be counted for either of the
candidates.
l am inclined to think the letter of the
Attorney General was written more to
get rid Of opportunities than as an Off
cial opinion. It would have been extra
official for him to write the County At
t"rney an opinion upon amy such sub
ject, and is no more binding, and prop
ably not much better considered than
any street conversation with him. He
is required by law to give legal advice
to the State officers, the warden and d.
rectors Of the penitentiary. and the Sill
perintendent Of public instruction, d.
rectovs Of benevolent institutions in all
matters relating to their official bust
ness, and to either house of the legisla-
ture whom ron,,iro1 |,ut r. ,,o 1,,r;to, =,