The Rock Island Argus., 1881-08-06
COUNTY OFFICERS.
Views anent the Amend
ment to the Constitution.
Why there will not be a Fall
Election.


is, Will the present incumbents of these
positions hold over until 1882. or will their
successors for one year be elected the pres
ent fall? Desiring to get the opinions OF
the county officers whose terms expire un
der the old law, this fall, an ARGt-s re-
porter interviewed the gentlemen in ques-
ton and CLEANED the following:
The first one interviewed was
COUNTY TREASURER REID
who was not inclined to give an opinion
but finally consented. He said, ,-s'You
may say in the first place that, | am law
sabiding citizen, ready to comply with what
ever may be construed the true law
in this matter. can, howev
er, see no reason for all this
doubt and uncertainty about the calling of
an election The law seems so plain to
me that there ought to be no dispute about
it. Il can show you the law" said Mr.
Reid, and forthwith he opened the Laws of
Illinois for 1881, p. 50, wherein it is pro-
vided that county treasurers and clerks
shall hold over until their successors are
elected or appointed. Now then,' said
Reid, 'as their is no law to authorize an
election, I cannot see how one can be call
ed. But to make it more binding, I refer
you to the Laws of Illinois, 1877. p. 5, sec
ton 7, which reads as follows:
'SThe Secretary of State, Treasurer and
Attorney General, or any two of them
shall proceed, within twenty days after
the election and sooner if all the returns
are received to canvass the votes given for
and against said amendment or amend
ments, as shown by said abstracts, and if
it appears that majority of the electors
voting at said election have voted for the
proposed amendments, the same shall by
said Board of Canvassers be declared adopt
ed, and from thence become part of the
constitution of the State, and the governor
shall cause proclamation to be made of the
result of the vote, and that said amend
ment has become a part of the constitu-
ton, by publication in at least two news
papers published at the seat of govern
ment; but if it shall appear that majority
of the votes polled are against said amend
ment or amendments, the same shall be
null and void"
County Treasurer Reid laid particular
stress on the words from thence become
part of the constitution of the state"
and said, ''there is no getting away
from that, it is as clear as anything can be
and think settles the whole matter in
nm
at the start, / am law abiding citizen, and
am ready to acquiesce in whatever may be
determined by the proper judicial authori-
ty as the law.
CoTNTY CLERK DONALDSON
was next interviewed and said, Il cannot
find any law for calling an election this
fall, but if can be satisfied that an elec-
ton is legal. 1 am ready to call it. have
no desire to do other than comply with
the law, and will cheerfully abide the
proper judicial decision. For my part,
though, / cannot see where there is any
law for calling an election. I have num-
thority, which are very clear to me. Among
others is one from
JUDGE G. D. A PARKS,
of Joliet, His. one of the ablest constitu-
tional lawyers of the State, who publishes
a letter in the Sun of that city, in which
he gives an elaborate opinion t. the effect
that in view of the adoption of the consti
tutional amendment changing the terms of
office to certain county officers, and sub
sequent legislation, no election for such
officers this fall will be required or legal.
He bases his argument upon tie general
provision of the constitution, under which
the present incumbents of the county offices
in question were commissioned to hold
until the first Monday of December, 1881,
and until their Successors are elected and
qualified" There being now no provision
for the election of their successors until
November, 1882 (as provided by the con-
as matter of course, they viii hold over
until the successors then chosen shall have
duly qualified.
Then here is another. sssaid Mr. Donald
son, from Judge Eldredge, one of the
clearest headed constitutional lawyers in
the state; you will find it very plain
The opinion of
JUDGE ELDREDGE,
is published in the Illinois State Journal
and is as follows:
Under the Constitution of 1870, elections
for county officers would have been re-
quired in 1881, but an amendment to the
Constitution was submitted to the people
last fall and carried What effect did it
haves In section I'd, Article ii, of the
Constitution, page 81 of Revised Statutes
of 1874, we have this in regard to the
adoption of amendments to the Constitu-
tions
The purposed amendment shall be pub
lished in full at least three months pre-
ceeding the election, and if a majority of
the electors voting at said election shall
vote for the proposed amendments, they
shall become part of this Constitution
This has been done, and the Amendment
is now part of the Constitution, and that