The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1881-10-08
Election Of County Officers.

Again the FREE TRADER was right. Soon
after the legislature adjourned last spring At
torncy General Mccartney issued his pronun.
ciamento that the assumption Of the legisla.
turc that there need be no election of county
officers tins fall was all wrong and that though
the Legislature had repealed the law for the
conduct of said election such repeal was un.
constitutional and the people could go on and
hold sand election the legislative repeal not
outstanding The FREE TRADER said Mr..
Mccartney was making noodle Of himself
and that the legislature was in the right about
it, and now the Supreme Court endorses the
FREE TRADER and ITS decision settles the
question. The following decision on the ques-
ton with regard to electing county officers
this fall was rendered In the supreme court of
this state on Thursday of last week:
THE PEOPLE, etc, ex rel. JOHN c. STINGER q.
JONATHAN G.. KINGSLEY, County Clerk of
Marshall County
Petition for Wanddnus.
ELECTIoN-TERM OF COUNTY TREASURER
Observation-Disclosures
PER CURTAM.-This is an application for a
writ Of mandamus TO compel the county clerk
of Marshall county to call special election to
choose county treasurer to hold for the I'M
expired part of the term to which one William
Il. Thompson was elected in November, 1879
Thompson entered upon the duties thereof
on the first Monday of December, 1879, and
continued to hold the Office until the eth day
of February, 1881, on which latter day he died.
whereby that office then became vacant
The clerk refused 10 call such election, in
sisting that the uncxpired part of the term Is
less than one year. If this were so, 1t would
be the duty of the board Of supervisors to fill
the Office by appointment The record shows
that the board did, In fact, on the % day of
March, 1881, appoint one James Law county
treasurer, who qualified and entered upon the
duties ct the Office. The relator insists this
appointment, under the facts, was unlawful
and void, and should be treated as anullity, and
that the term OF the county treasurer has been
extended by law one year and until the first
Monday of December, 1882
We have at this term, in the case of People
ex rel. .. The Board of Supervisors of La Sale
comfy held that no general election for cOun
ty treasurer is authorized by law to be held
before November, 1882; that under the Con
stitution and law now in force the present in
cumbcns are entitled to ho,d their respective
Offices until the first Monday OF December,
1882 Accepting that decision as settling that
question, it follows that the term for county
treasurers has been extended until December,
1882, and that the uneypired part of the term
in this case is in law more than year. Hence
the appointment by the board was not lawful
and the respondent ought to proceed at once
to call special election to fill the vacancy.
The mandamus is therefore allowed
SCoTT, il cannot concur in this decision
and for an expression of my views reference is
made to my separate opinion In The People D.
The Board OF Supervisors of La Sale County,
decided at the present term.
WALKER, il hold there should be gen
eral election IN November, 1881, in this as in
other cases.
SHELDON, j., dlssenting-I am of the opin-
ION the term of the office Will expire on the
first Monday of December, 1881.