Arizona weekly enterprise., 1890-08-02
COUNTY TREASURES.
CAN THEY LEGALLY SUCCEED THEM
 SELVES IN OFFICE?
The Question Discussed by Judge John Haynes, who Decides them Eligible to Re-EIection--FulI Text of
 his Views.

Judge John Haynes, of Los Angeles a former resident of this Territory, Ill re- sponse to a request for an opinion upon the question of the eligibility of county treasurers to succeed themselves under the modified law upon this point, express es the following views m letter to At tomey General Churchill:
 First. It Is clear that the revised statutes did intend that a treasurer should not hold two successive terms, but It Is equally clear the legislature of 1SS9 ln- tended to change that statue. If they dld not intend the change to benefit present incumbents, there Is no reason why that legislature should act in the matter as another legislature could act upon the question in time for election of 1892 and we are not at liberty to suppose that they l intended to forestall the action ofa future | legislature unless the language of the act compels such construction.
 Second The legislature of 1SS9, hay ing determined to change the law, no reason appears in the amendatory statute, and none suggests itself to me, why they should desire to continue the old statute past another election, or deprive present incumbents of the benefit of the amend ment: nor is there any reason for glvlng it effect on the lst day of January lS9l rather than 1892, If the intention was that present incumbents should not succeed themselves.
 Third. Of course it may be replied to | all we have said. that if the statue does not express that intention some other con struction must be given, and thl5 leads us to the main proposition, viz: That the 1 statute is not aimed at the election to, but at the incumbepcy of, the office. The meaning of the statute ls that he shall not succeed himself either by cleo tion or appointment; that he shall not evade the statute by putting up alum my" as candidate, have the dummy re- sign. and then secure the appointment; be sides, 1t Is not Ill the power Of the legis- lature to prevent the people from voting for and electing any one they please, bu' they can prevent the person elected from 1 holding the office to which he was eject | ed If however the legislature had ahmed its prohibition against the election merely they would not have added "ol appointment" but including both these modes of securing office in their prohlbl ton it Is clear that the object and intent of the statute was to prevent the lncum bency of the office for a second term in mediately succeeding the first.
 The intention of the statute thus hene made clear beyond the possibility of mis take, it follows that the proposition ceas ing before the new term begins, the Urea surer can legally succeed himself unde the statute as amended lp lSS9
 Without any present or recent exam nation of authorities, 1 am quite sure tha abltndant authority can be readily found sustaining the proposition that persol who Is ineligible at the time Of his cleo tion Is entitled to his office If he B ehgl ble at the time he enters upon office. 1 has been so held in regard to persons whC were minors at the time of their election but arrived at majority before their tern of office began, and SD in regard to mem bers of congress. but it may be asked wh. the act of of 1889 was not given immediate effect}
 The reply Is apparent upon the face O section of this act. Under par. 4GO, re vised statutes, whether the treasurer wa ex-office tax collector depended upon tn, action of the board of supervisors: Whel the act of 1889 was passed, the county officers had entered upon their terms o office, and by postponing the operations of sections ] ard 3 of the act 1889 tn duties of these officers remained upchang ed and besides, if 1 am not mistaken the compensation was changed, and l that is so, it could not take effect befor January lst 1891, and as this delay in giy ing it effect could not effect the right o the treasurer to succeed himself, the dat fixed cannot be construed so as to eliec the view l have taken