The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-08-06

Lieutenant governor, and they were duly in
stalled on the 18th Of January 1861 On the 10th
of Januafy, 1861, Governor Lane was elected Unit
ed States Senator, and resigned the Office of Gov
ernor. aad Lieutenant governor Morton became
acting Governor, and continued ip Office during
the residue Of the term. In October, 1864. Gov
ernor Morton WAS elected Governor, and held the
Office until the 23d Of January, 1867, exercising
he duties of the Office for six years, when he was
elected Senator of the United States If he
had been Governor during his first term instead
of Lieutenant-governor, acting as Governor, he
would not have been eligible to a second term of
Office. Conrad Baker was elected Lieutenant
governor and when Governor Morton re-
signed the Office of Governor, he, as
Lieutenant-governor. became acting Governor
on the Oath of January, 1867, and served during
the remainder of the term. and all bills of the
General Assembly of 1867 that came to his hands
were signed by him, Conrad Baker Lieutenant
governor, acting as Governor All of which ap-
pears on the original bills on file in the Office Of
the Secretary of State This was the only ses-
sion of the Legislature during the time that he
was Lieutenant-governor, acting IS Governor
Governor Baker acting on the theory that during
the residue of Governor Morton's term he was
Lieutenant-governor only, acting as Governor,
became casdidats for Governor, and in 1868
was elected, and became Governor and held the
Office during the term of four years. making o
total Of six years Of administration. II he
had been Governor during the unex-
pired term OF Governor Morton, instead of
ACKNOWLEDGEMENTS, acting as Governor. the
Constitution, that declares that the Governor
shall hold his Office during four years and shall
not be eligible mose than four years in any
period of eight years, would have rendered him
ineligible during the last two years of his occu-
pancy of the Office. lGasrnan vs. State. LOG Ind,
2O3; Carson vs. McPhitrdge, Is Ind, 327 Par
mater vs. State, 1862 Ind, 60
II think il very evident that the Lieutenant
governor creates vacancy in his Office by act
ing as Governor. If in the history of the State
there have been vacancies in the Office of Lieu
tenants governor that were not filled by election,
this construction of the Constitution and stat
utes by the State officers, while entitled to re-
spectful consideration, can never abrogate their
text; it can never narrow down their true limita-
tions; it can never enlarge their natural bounda-
ries, and repeated violations of plain law can
not give construction to it.
In case of vacancy. permanent or temporary,
In the Office Of Governor, the duties of that Office
devoive upon the ACKNOWLEDGEMENTS, but this
does not create vacancy in the latter Office.
The case, however, is different when the Lieu
tenant-governor dies or resigns. In such case
there is an actual vacancy in that Office which
should be filled by the people at the next general
election.
'If thera should be an election to fill such
vacancy, for what time would the person elected
holds"
In many cases. person elected 20 fill a
vacancy in an Office created by the Constitution
holds for the full term prescribed by the Consti-
tuition Estate ex rel. va. Long, 81 Ind. 35l
The Governor VS.. Nelson, 6 Ind, 497 The State
vs.. Allen, 81 Ind. SIC. $685. Baker vs. Kirk. SO
Ind, SIT, $685. Gasman vs. State, log Ind,
203 But the Constitution expressly pro-
yides that the official term of the
Governor and Lieutenant-goyernor shall
commence on the second Monday in January in
the year 1853. and on the same day every fourth
year thereafter. r. s., 1881, Sec 1861 This
clause imposes limitation upon the duration of
the Office held by person elected to fill vacan-
cy, and commands election of Lieutenant
governor at the November election in the year
1885, who takes his Office on the second Monday
of January. 1889, and the person elected in 1886
will hold for the unexpired term of his prede-
lParmater vs.. State. l02 Ind. 90nl