Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1889-03-28
Do County Officers Hold Over?


There seems to be question in the
minds of some. says the Grand Forks
Leader, as to whether there will be an
election for county officers this fall.
Section a of the omnibus bill provides.
among other things "That all laws in
force, made by said territories at the time
of their admission into the Union, shall
be in force in said states, except as modi
fed or changed by this act Or by the
constitutions of the states respectively
The same section also provides that the
constitutional conVe ntion may by or
dinance provide for the election Of officers
of a full state gcvernment-wh1ch cleo
ton can be had and take place at the
same time that the question of the adop-
tion of the constitution is voted upon.
The officers for full state government
| include only those officers whose duties
have only to do with the state as whole,
such as governor, secretary, auditor, etc,
as well as members Of both branches OF
the legislature. There Is nothing in the
| omnibus bill that can BE- construed to
give the constitutional convention, Or any
one, the right to order an election for
county officers until after the territory
| has been admitted as state. when of
| course, the whole matter rests IN the
hands OF the legislature. In 10 way can
i the term state officer be construed as to
include county officers. Under the title
Executive Department the constitu
tion will undoubtedly provide for the
election Of state officers, prescribe their
| duties and length of term. But unless
| the constitutional convention that is to
meet at Bismarck takes upon themselves
| to incorporate in the convention more
than was ever done before, there will be
nothing whatever in regard to county
| officers, they being creatures OF statue.
| The different county offices as now exist
ing will continue until changed by the
| laws enacted by the state legislature.
Not only will the offices continue but the
officers who may now hold Office will con
tinue to so hold until the expiration Of
the term for which they were elected, or
until the term of the sad Office shall be
changed by the state legislature. Under
the provisions OF section 8 of the omni-
! bus bill, the vote on the adoption Of the
constitution cannot be had until October
LIST, 1889. The returns of the elections
| must there be made to the territorial sec
retary, when he, with the chief justice
and governor, will canvass the same.
The governor will then certify the result
of said election to the president of the
United States, (f for adoption), together
| 1f ha ~, al
| propositions and ordinances, and if the
| constitution is found to be republican in
form and that the provisions of this act
! (the omnibus bilD have been complied
with, then the president viii issue his
proclamation announcing the result. and
| thereupon the state will be deemed to
have been admitted to the union. All of
| this will take time. 1t is physical i'm
! possibility for all the acts that are nee
essary to be done before the territory is
| finally admitted as q state to be properly
done before January. 1890. It VIII, there
fore, be impossible for the Legislature to
| any way change the term Of Office until
| the beginning of 1890. as there can be no
laws enacted by the state legislature
| until after the proclamation OF the presi-
dent. and it is hardly probable that the
| legislature would change the time Of
election of county officers from fall TO
sprins.and unless they should make such
| a change rs that the officers elected this
| last fail would hold until the election in
November 1889, when their terms OF
| Office would expire by limitation such
beng the law as enacted by the omnibus
bill. We see no room for any question
whatever The officers elected in and for
Grand Forks county in November. 1888.
will continue to hold their respective
offices until the expiration of the term
for which they we're elected.