The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-01-22

other purposes, "any office that shall have be-
come vacant" This is the general election "
which is referred 10 in The sixth section, and at
which The person is to be eltcIcd whose quail
f1cation terminates the tenure of III" appo,ntee
holding under the sixth section. The seventh
section presci ,be> the term of the person chosen
al an election held under the ninth section TO
fill a vacancy in an elective county Office.
1t is clear, we think, That these sections con-
template that upon vacancy occurring in an
elective county office the vacancy may be filed
by appointment, and trat such an appointment,
when made, Shall continue not merely until Ike
election OF Il successor at special election, and
his qualification, but until The qualification of IA
successor chosen at the next ensuing general
election, to be held as provided by section nine
In reaching the conclusion announced above
we have not overlooked Section z OF the execu-
tive article, which is as follows
W hen any office from any cause shall become
vacant and no mode is provided by this Consti-
tuOn or by the laws Of the State for filling such
vacancy, the Governor shall have power to fill
such vacanj by granting a commission for the
uneXpired term.
Under this section no appointment is to be
made to I'LL vacancy except when neither the
Constitution nor the laws provide mode for
filling it, and of course where the appointment is
not made under it, its provisions as to the dura-
ton OF the appointment do not apply Section of
the executive article of the Constitution Of 1868
was in substantially the same language, except
that the commission was ITO pre at the nertee
ton, and it was held that the power vested in the
Governor by il was not power to fill the office
TO" the uneXpired term, but only for the time
intervening between the occurrence OF the va.
cancy and the filling of the office by an election
by the people, and that special election could
be held to fill the Office for the unexpired term.
Weeks VS.. Gamble 13 Florida, g. State VS..
Weeks, IA Florida, g. The difference in the
effect OF the two sections as to the duration OF
the APPOINTMENT manifest
AS 10 the vacancies in elective county offices,
covered by your inquiry, the Constitution has,
however, indicated by the above sections of
the schedule provided mode for filling them
until the general election to enSue after the Oc-
currence OF the vacancy, and the qualification of
the person chosen at it. When the term OF the
office which person has been elected to fill as
an entire term has begun TO run, and there is
vacancy in it, the Constitution gives you the
power to supply not the entire vacancy, but linn
its the term of your appointee to the period
stated in the sixth section Of the article just
mentioned, instead of extending it to the entire
balance of the term. Advisory opinion, IA Fla,
pp 277, 202.
Ii it be assumed that the legislation of 1887,
Sections 4, 5, g. Chapter 37O4, is to be construed
as Inconsistent with this power, our opinion is
that the power cannot be taken away by the
Legislature. Very respectfully,
GEO 2. RANEY. Chief Justice.
A. f. MAXWELL, Justice.
II. l.. MITCHELL, Justice.