, 1890-10-02

IT rs STyLL ~UNSETTLED.

TAIN Gc@cnLlAl ldIllEuAAIH AhGu u OAAA ~
plain as day that the recent election was a
legal one 10 so far as county officers are
concerned and consequently hat their
terms will expire two years from next
January. As to what may be Judge
Lacey's desire and as to what may have
been the intention of the trainers Of the
constitution these are two very distinct
things from what the constitution itself
expresses 10 such ambiguous, cloudy and
even contradictory language, As we
rave it figured out, if a square peg could
only be fitted into a round hole, all of the
existing difficulties would be obvlated and
the constitution, particularly its schedule,
would stretch before US a luminous path
way along which we might proceed 10
the new order Of things under statehood.
With a cheeriulnesz of demeanor which
IS highly to be commended, Judge LaceY
takes it for granted that there is no ques-
ton as to the legality of the election Of
clerks of the district court. Yet the con
s%titution prescribes no duties for these Of
f%ciAls, gives no instruction as to when
they shall enter upon their terms Of office.
SAYS nothing in regard to the length OF
their terms or as to the salaries or emolu
ments which go with the offices.
The constitution Of Colorado prohibits
the state treasurer from making any
money out the public funds which are en-
trusted to his keeping and requires tie
legislature to pass a law to that eject.
The supreme court Of that state recently
held that this section was imperative IN
til the legislature carried it into effect.
The same principle is found in Pennsyl-
vania, where the constitution provides
that passes shall only be issued by rail
way companies to their employees This
provision Is constantly infringed because
no legislative enactment has rendered the
clause operative.
Judge Lacey in his opinion aeknowl-
edges that the election Of Sept. IL was 4
special election. Section 4 of article V of
the constitution provides: The first cleo.
ton OF the justices shall be at the first
general election after this constitution
shall go into effect and Judge Lacey
quotes this very section to prove that the
election of justices was legal. If the elcc-
ton was n special election. as he says it
was. and the constitution provides that
the justices shall be elected at a general
election, We are unable to perceive where
10 Judge Lacey has strengthened his case
or dissolved any of the difficulties which
surround the existing situation.
The offices OF county officers are not
directly created By the constitution, says
Judge Lacey, but it is a well established
rule OF construction, both with reference
to statutes and constitutions, that the
word and, whenever necessary, may be
construed or and if the other parts of
the instrument clearly show that or is
intended then and must be read or "
All of which is very good IN its way,
but unfortunately the other parts of the
instrument do not clearly show the condi.
ton OF affairs which forms a basis for
Judge LaceY's argument. To make
Judge Lacey's substitution permissible
even according to his own statement, the
other parts of the instrument" must
clearly show" that the intention was
to make the substitution in
Dictated. The constitution doesn't do
this. Section 10 of article XXI, pro-
udes that, "All officers elected at such an
election except members OF the legislature
shall. within thirty days after they have
haan Aaalar,l aI.atnl s,I, IL III -
quired by this constitution, " etc. Section
10 of the same article reads as follows:
All county and precinct officers who
may be in office at the time of the
adoption of this constitution, shall hold
their respective Offices for the full time
for whish they may have been elected,
and until such time as their SUCCESSORS
may be ell cited aud qualified, as may be
provided BY law, and the official bonds OF
all such officers shall continue in full force
and effect as though this constitution had
not been adopted.
Construe these two sections without
any precoDceived notions and 1t seems
clear that the constitution did not con-
template the election of county officers.
If the journal and debates OF the constr
bueiOuai OOuNtuNlOu uIc apptaleu II Will Dc
there seen that the convention refused to
incorporate a clause in the constitution
creating county offices.
As to what the constitution makers in.
tended that has already been stated 10
this paper. They certainly did not in
tend that another election should be held
on the heels of the first state election. but
the date of our admission was postponed
81 long and the constitutional provisions
bearing upon the matter arc iumblcd to-
gether In such a fashion that perhaps the
only thing left is to 90 what Judge Lacey
has apparently done, which is to construe
the constitution as he believed it should
nave been and render his opinion accord
,ingly.
OF course this doesn't throw much
light upon the subject, but it may help to
bring the people into a frame of mind to
make the best Of bad job.
FoRT MCKINNEY, where the col9red
soldiers are stationed 10 johnson county.