The Rock Island Argus., 1881-08-08

General MCCARTNEY takes opposite VIEWS
and so do some others, but some of the
best lawyers in the state contend that it
would be Illegal to cali an election in No
vember, and think it would The law
expressly provides that these officers shall
hold over until their successors are elected
or appointed, and that would seem to set
tie it in my mind
STATES ATTORNEY PARNENTER.
was next seen and said
have not looked up the authorities on
this matter, but / am of the opinion that
ali the laws relating to an election in Nov,
1881, were repealed when the amendment
was carried and the same proclaimed by
the Governor The amendment is, in my
judgment, in force now. and the old oai7
GERS hold over until their successors are
elected Or appointed. Right here, )" said
Mr. Parmenter, comes in point on the
appointment of the successors OF county
officers. I hardly think an appointment
by the Board of Supervisors can apply ex
cept to the Superintendent of Education,
and there is no question about the Boards
right to name his successor. The amend
ment is not retroactive, as many claim,
but is in full force and effect, and has been
from its adoption. As TO the manner
of appointing successors, and
the, present incumbents holding
over until their successors are appointed,
would not cere to give an opinion until
/ have looked up the law Mr. Parmenter
then went on in general way to explain
the law bearing on the case and said in
conclusion, that he thought an election
this fail would be Illegal and that the
parties chosen would not be able to main
tain their claims before the proper judicial
tribunal ''The law, - said Mr.. Parmenter,
g is very plain, and says SO distinctly that
the officers shall hold over until their sue
eessers are appointed. Now, the Board of
Supervisors cannot create vacancy where
none exists, nor can the Board of Super
visors appoint a successor to an officer al
ready installed except for cause, and as no
cause exists, there is nor can be no vacancy.
This is about the way feel about the
matter though, as / said at the beginning,
would not give an authoritative opinion
without first consulting the law. 1 think
however, there is no question about the
matter of the amendment Clearly. to me
at least, it went into effect when officially
proclaimed carried, and is not imperative
until 1882, as some authorities claim
1t viii be seen from the opinions of the
county officers that they unanimously
agree that an election this fall would be
Illegal, and that they regard the amend
ment in full force, thereby postponing ell
ections until November 1882.
The Chicago Times takes strong ground |
in favor of elections this fall claiming that |
the offices viii be vacant at the expiration
of the terms for which they were elected if |
their successors are not elected; tn at the
amendment does not go into effect until |
1882, and that until that time. the laws re |
main in full force that have heretofore gov |
erned these cases.
ATTORNEY GENERAL. MCCARTNEY
also takes firm ground for an election this
fall, and says in very plain language that
there is no question about the amendment |
not being operative until 1882, and that /
judges, county clerks and treasurers must
be elected this fall for one year, just the |
same as If no amendment had been adopt |
ed. Other eminent men take equally |
strong ground for an election this fall and
there seems to be a growing opinion that
the amendment is not in force until 1882. |
1t has been suggested that an agreed case
be submitted to the Supreme Court for
decision, by applying for mandamus
compelling some county clerk to call an
election, and then if the same is refused to
appeal to the Supreme Court. It is stated
that this will be done in Alexander county
and probably in Mclean county. The
question attracts general attention and the
final outcome will be watched with interest.