The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-06-28

- as the other Both OF you were elected
80 ,scancies, and the time for which you are
noid ONCE is fxed by the constitutio,
.oi 'ne remainder of the unexpired term. which
Is 'ii the second Monday in January, 1893
~ your successors are elected in 1892 and oual
~, .aeh you and Judge Osborn will have no
tigns 10 Continue in office under the election Of
ai'er the second Monday in January, 1893
$500" o OF the act of March g. 1890, provided
LAT tue Two superior judges elected at the gen.
.iai election in 1890 should hold Office for the
~" oi TOUR years from and after the second
.n IN January, 1891. The portion of said
ao' hAing the term of Office at four years is In d.
rect violation of that part of the constitution
"HIcn provides that they shall hold Office only
IoI tue uaexpired term; and 80 much of said
ac' AZ undertakes to Fl the term at four years In
unconstitutional and void.
- III the case of state ex rel. Va. Brewster 70 n.
Z. KEEP, $40. it is said:
mere the term of Office il fixed and limited
y ine constitution there s no power in the gen.
al assembly to extend the term or tenure of
such once beyond the time so limited.
In the case Of Rocky vs. Foster (l3 Pac Rep,
oi1)' IN passing upon a similar question, the
court said
Tia me 1s term OF all county officers is two years
ing legislature cannot make this more nor less,
out ior vacancies and exceptional cases, such as
aa vi .ahizatlon OF new county, 1t has the
power TO say how the Office shall be led up to
'ue time that the regular term begins.
In the opinion of the supreme court of Maine
toi Me-, 500, it is held that person elected to
III vacancy can hold only for the unexpired
term.
In Meachem on Public Officers, section 400, it
is said
Orcers elected appointed to fill vacancies
~ an elective office are in simply for the
Ihaihuer OF the unexpired term, aud hold,
therefore, only until the next regular election.
ny following out the foregoing propositions
the ioiiowing conclusions must be drawn:
first-on March 3, 1899, two of the Offices of
superior judge in King county were vacant.
Second-Ihe governor soon after appointed
Judge stratton and yourself to fill the vacan-
cies
Thlrd-Under the appointments of the gov
ernor you and Judge Stratton held Office only
until the next general election, which occurred
on the Tuesday next after the first Monday in
November, 1890, at which time Judge Osborn
and yourself were elected to fill the vacancies
which had been supplied by appointment up to
the time OF the election, and you were elected to
finish out the unexpired terms.
Fourth-lt follows that under the biennial
election in 1890 yourself and Judge Osborn hold
Office only until the second Monday in June,
1893, which is the beginning of the new term of
four years provided for in the constitution.
Fifth-So much OF section 8 OF the act of
March 8. 1890, as provides for extending the
term of Office to four years from the second
Monday in January, 1891, is unconstitutional,
void and of No force or effect whatever.
1t follows then that there will he three judges
to be elected in this county, instead of one at
the coming general state election.