Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1886-11-11
COUNTY AUDITORS.
The Attorney General Gives An
Opinion that Their Terms Of
Office Expired Mon
day, and that
THE COUNTY COMMISSIONERS SHOULD AP,
POINT TO FILL THE VACANCIES.

Probably no subject before the Gener
al Assembly last winter, other than the
Cincinnati frauds, attracted so much at
tention as did that contained in what
was known as the Auditors bill. A
change in the time when county auditors
should assume control of their Offices
was necessary, on account of the consti-
tutional amendment, adopted at the pre-
eeding election. providing for November
instead of October elections. The bill
was defeated several successive times,
but its friends, urged by members of the
County Auditors Association, succeeded
in getting it up each time, with slight
amendments or by reconsideration, and
it was passed as late as May Is. The
act provided that the term of the audi
tors should commence on the second
Monday of September next after the
election, instead of the second Monday
of November, as under the old law.
County auditors were in Columbus in
force, and besieged the Legislature, and
it was charged on the floor of the House
that there was a job in it. There is a
difference of opinion as to whether or
not the present auditors hold over, but
it is held by some of the best lawyers
that the terms of the present auditors
expired on Monday, the expiration of
their terms as specified in their commits
sions, and provided by law. and that it
is the duty of the county commissioners
to appoint auditors to serve until terms
of auditors-elect begin. The question
will be settled by the Supreme court,
which will be called upon to render a
a decision on quo warranto proceeding.
to test the right of Brewster.the auditor
of Hamilton county, to continue in Of
fee In response to numerous inquiries,
Attorney General Kohler. prepared an
opinion on the subject, the substance of
which is given in the following extract
from the text:
The difference of language, with ref
erence to d: fferent officers, as to wheth-
er they shall or shall not hold over their
fixed terms, is very significant, and 1t
challenges our closest consideration.
The canons of construction would not
authorize the same meaning to be given
to the two totally different wording of
the several provisions. No one would
think of holding that senators and representa-
tives and judges could hold over their terms;
and yet the language of the constitution, with
reference to their terms of office, is not stronger
than it is with reference to to the terms of
county officers 1t is in fact not so strong, for
it only fixes their terms for definite tine,
whereas to county officers, the expression is
mot longer than three years" l have no
hesitation, therefore, in holding that county
auditors, elected in lSo3 will go out of Office
on the second Monday of November, 1856; that
vacancies will then exist in their offices, that
must be filed by appointment.
The construction thus given IS expressly
sustained by the supreme court in cases already
referred to in the l5 o. S. Speaking of the
section quoted above from the schedule of the
constitution, the court says: alt cannot be
said that the subject matter of the section was
overlooked by the trainers of the constitution,
for there are several distinct clauses, in diff
ferent parts of that instrument, in which it is
specially provided that certain officers shall
hold their offices until their successors are
chosen and qualified, and this makes case for
the application of the maxim, expressio unius,
ETC."
As to filling the vacancies thus created, Sec
ton I0I7 provides the power and clothes the
county commissioners with the necessary au-
thority. 'When a vacancy happens in the
office of county auditor, from any cause, the
commissioners shall appoint some suitable
person, resident of the county, to fiji such
vacancy" A vacancy VIII happen next Mon
day and must be so filed But do not wish
to he understood as passing on the question as
to the power or right of the board of control in
the counties having such body. That if any
power they have in respect of such appoint
ment is question not before me, and which
| have not considered.