Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-06-30

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an opinion By Attorney General Hogg re.
gardtng the tenure of the office OF district
Judge, concerning which numerous inqui.
ries have been made:
AUSTIN, Ten, June 2S lsss
Gov J.. s, Ross, Austin, Texas.
DEAR SR-Tne / Jint letter addressed
to your Excellency Oy Judges Norman G.
Kictrell, Sam r Frost, Eugene Williams
and Arson Rainey Of the Twelfth, Thir-
teent1, Nineteenth and For 18TH Jud ciaI
district respectively, stating thst they
we're elected 20 their Fl les in November,
1856; that 8 question mas arisen as 10
whether their terms are two or four
years; and asking whether the Cav
ernOr will order an election 10 be held IN
November mex: for judges in their several
districts, has resched this Department
from the hands CT your private secretary
with the request thst an opinion De given
BIZ the Attorn'y Ger e a. upon the points
involved therein.
The tenure Of the ofice OF District
| Judge IS declared bv the Stale Consti.u.
ton is four years. Art. ), Sec !. Be.
ginning with the regGlsr November cleo
ton under thst Constitution tie
judges chosen for the twenty
SIX original districts ucludtng those OF
Judges Frost, Ki.trell and Winiams WSzs'
entitled to hold their respective p0sltt0Hsi
for the full constitutional term. a. e.ck
qlEdrennie! election thereafter their rs<e9
uisr successors have been clicked. sS5St
November election will Compiets9fhe
third full term Of III e q District Judge
Tor these districts. AL vacarci5e mat
have occurred therein have been suppiIrd
By the Governor IS 1tq tired by sectlo rs,
article CT the constitution. the atoren
said three judges were hTst appointed ut-
der this provision, END were subsequently
elected; and now the question is Tor how
long9 They were appointed to fl 'fva
csEcle5" and were elected either for tao
constitutional period Of four years, or 10
I'LL the uutxp.red terms OF their prede-
cess0rs.
In express Isrgu1ge the constitution byl
section %, article o, declares That "vs-
cancies" IL Office OF Judges in the Dis
triCt court shall be fled OF the Governor
until the "ne1t succeeding general cleo
ton, "ard By section 27t article Is il saws:
"In al elections to Ill vacancies OF c fi cei
in this state, il shall be 20 Ill the unex-
pied term only"
e What is meSnt by the expressions,
"gAcInCy" and "unexp.red term" sas
applied to the CtIice OF District
judge? There can be no technical
nor particular meaning by the word
VACANCY" as used il tne constitution. |
Usually it means unoccupied, empty, an
office without an incumbent.
a "VecanCy" occurs when the Gcvarncr
fails to appoint 8 judge in district
created by the Legislature when an ap-
pointment has been provided for; or.I
by the death Of an incumbent, as hap
pened with Judge Frost's predecessor; or
when an officer resigns, es did the prefe-
cegsors CT judges K ttrell and Wiiliams,
or when the time for which the office can
be legally held, as was the case with esCh
OF the three judges just named, st the
first election after their appointments.
They were appointed to FL vacancies,
and could only hold them until the next
general election (,n 1856, at which timef
their rights By virtue Of their commits
sions expired. Elections followed, and
for what purpose? To i'll the "unex-
PRED terms only" ss declared by said
section 81 Tae question is not alto
gether free from embarrassment for tn..
to coDstrue the word "vecanCy" 0s Gp- |
plicsble to sn Chice already filled, even
though by appointment, appears to be q
contradiction Of terms. o. this point, !
however, relief is given By
the constitution itself wien 1t requires |
vacancies" to be filed Until the next !
succt eGing general election. II seems to !
regard the vacancy" continuous, not |
wlthstanding the ''OtLics" has 4 temper
ery incumbent. This IS also the case |
when "yscanCy" in the Supreme court |
hiss been filed by the Governor. as 81 the |
rext general election thereaf er the "v.
cancy" for the "unexpired term" shall be
Rlled by qualified voters. Art 5, sec. 2.
By rea0ing section %, article 5, in COZ
nection with section q OF Article Is Of
the constitution, referred TO so frequent
ly herein, very much the ssme language
Is observed, End certainly the identical
meaning is derived therefrom es appears
in and results from the latter part OF sec
ton 2, article 5, providing for filing "va-
cAncies" in the Supreme court. Indeed
this organic law seems TO intend that the
word Vacancy" as applied to the Offices
OF Supreme and District Judges, shau De
thst period OF the regular constitutional
term which the predecessor CT the ap-
pointed incumbent failed 70 hold.
Viewing the constitution in ell the
lights produced by q careful investigation
of the question involved, the conclusion
appears Irresistible, and 1t is hereby held
that elections should De ordered for
Judges OF the district courts of the said
three districts on the first Tuesday Of next
Move mber.
For the reasons that the term OF oflae
Of district judge is four years, hat the
Fortieth Judicial district was crea.ad Just
preceding the lsst general election st +
WHICH Judge RAineY WAS elected to bis
present position, he hiss a right to hold
md carnot be deprived Of his Cffi:e until
he general election two yesrs from No.
TemDer next.
And your Excellency, out OF profound
and with great respect, is so J
most respectfully advised. Your obedi-
mt servant, II
[Signedl sJAs. S. HoGG,
y Atsorney General.
Mrs. Silas ox OF Binghamton, n. {
=, ssys: 'BOeAnd's German Bitters