The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-17

| language.
"The frst superior judges elected under this
constitution shall hold their offices for the per-
| iod OF three years, and until their successors
| shall be elected and qualified, and thereafter
the term of Office OF ali superior judges in this
state snail be four years from the second Mon
( day In January next succeeding their election,
and until their successors are elected and quail
| fed.
''The first election of judges OF the superior
court shall be az the election held for the adop-
| ton of this constitution. If vacancy occurs
In the Office of judge of the superior court, the
| governor shall appoint person 10 hold the Of
| ice until the election and qualification of
| judge to I'LL the vacancy, which election shall
be at the next succeeding general election. and
the judge so elected shall hold Office for the re-
mainder OF the unexpired term"
The provisions OF the constitution ere manda-
tory unless by express words they are declared
| to be otherwise. fSee section % of article l.
| constitutional At the time OF the election held
! for the adoption of the constitution King
| county was entitled to but one judge. At that
election Hon. l. j. Lichtenberg was chosen. BY
| the terms OF the constitution above quoted he
and all others elected under the constitution at
the first election hold their Office for the period
| OF three years. Their successors are TO be
| elected at the general election in November,
| 1892 Thereafter the terms of Office of all
| superior judges in this state shall be for four
| years from the second Monday in January next
succeeding their election.
regard this language as constitutional linn
ftation upon the power OF tire legislature 10 ere
ate term of Office for superior judges until the
| period prescribed by the constitution as the
first term OF Office shall nave elapsed.
During this period OF three years and on the
Sd day of March, 1890, the legislature of this
state saw fit to pass an act providing for the
election oftwo superior judges in King county,
| in addition to the judges already elected
fHao nd hat flav
should hold office for the term OF four years
| from the second Monday in January, 1880. IN
accordance with this statute, and by virtue of
the power vested in him By the constitution,
the governor appointed as such judges Hon. I. J.
Humes and Hon. J. A. Stratton who held Office
as such appointees until the general election in
November, 1890. at which time, Judge stratton
having declined a denomination, Messrs Humes
and Osborn were elected.
The constitutional provision above cited was
followed by the passage of an act of the legis-
lature of March 81, 1890, which provided as
follows: "If vacancy occur in the Office of
Judge OF the superior court the governor shall
appoint person to hold the Office until the
election and qualification of judge 10 fill the
vacancy, waieh election shall be at the next
succeeding general election, and the Judge so
elected shall hold Office for the remainder of
the unexpired term" This provision follows
the language OF the constitution above quoted.
1t will be seen, therefore, that Judges Humes
and Stratton held appointees until the sue
ceedlng general election, and that the judges
then elected were chosen 10 hold Office merely
for the remainder of the unexpired term. This
statute passed by the legislature ON March 27,
1880, by implication repeats the statute passed
at the same session on March 5, 1890, so far as
that statute attempts to fix the terms of Office
for the additional judgeship herein created, if,
Indeed, it had any force at all in respect to the
term OF office, which do not believe.
In view of the constitutional Limitation, to
which have already called attention, ii is my
opinion that it was the intention of the consti-
tuuonal convention TO SO limit the power of
the legislature that the superior judges OF the
state should all be elected at one time. After
the general election in 1892 they all hold for a
term OF four years. At that time the additional
judges who were created within this term of
three years, established by the constitution as
the first term of Office OF the superior judges go
out of Office with those who were elected at the
first election in 1889.
therefore, There are three judges to be elected
In King county at our next general election, to
succeed Messrs. Lichtenberg, Humes and
Osborn, whose terms ali expire at that date.
Mr.. Il. +. Blaine said he had given very
little consideration to the matter, and de-
sired to be quoted as speaking only in an
oh-hand way. He said:
liz is my opinion that three superior court
judges in King county are to be elected at the
coming biennial election Section 5, article w
OF the constitution provides for the filing OF a
vacancy in the Office of judge of the superior
court Itisevident that the Office of judge OF the
superior court is quite as vacant when a new
Judgship is created and no judge appointed to
I'LL the office, rs when judge dies. resigns or
becomes 1neapaeitated, or is impeaehed and con-
victed.
Governor Ferry, when he appointed J. A
Stratton TO be judge of the superior court after
the legislature had provided an additional Judge
in this county, did upon the ground that
there was vacancy. Under the constitution the
appointing power of the governor in relation to
judges only extends TO the filing of vacancies.
The fact that there is general system OF cleo
tons provided for by the constitution, and they
are 10 be biennial and upon even years and a
superior court judge being at least in one sense
district officer, and the first term of the judges
being stated at three years, and succeeding
terms at four years, and there being no proyis-
Ion Tor the canyassing of votes by districts ex-
eept at regular biennial elections causes me In
be strongly OF the opinion that Judges Osborn
and Humes are but filling vacancies II would
be necessary, on this point, to look up the
statutes referring to the canvassing of votes at
district elections.
Senator Trusten y. Dyer has excep-
tional opportunities for knowing the inten-
ton OF the delegates TO the constitutional
convention ana of the members of the
state legislature, as he was an actual mar
ticipantin their proceedings. He says:
You ask me a very difficult question to an
sweT, and from the conclusion have reached il
may seem hardship on some and NAV result in
confusion, III l am correct in nv conclusion
Having been member of the constitutional
convention there are some things which are IA.
miilar 10 me that are not TO those who were not
present IN that convention. In the formation of
the judicial article there was much interesting
discussion, and being r member OF the legisIa-
ture OF the state during the last session | was
noted 10 some extent as a constitutional oh
1eetor, and we know that some things have been
done by the legislature which have caused some
confusion among the Interpreters of the law. To
start with. am clearly or the opinion from
article ". OF the constitution that thers il
only one superior court in the state OF Washing
ton. divided into separate local departments
Said article provides that "there shall he in the
organized counties of this stste a superior court
for which at least one judge shall be elected by
the qualified electors at the general state cleo
ton, provided that. until otherwise directed hv
the Legislature, one judge only shall be elected
for the county Of King, etc" Reading further.
said article provides, ''ln any county where
there SHALL be more than one superior Judge
there may be as many sessions OF the superior
court st the same time IS there are Judges
thereof" And further, Whenever the governor
shalt direct superior judge TO hold court in
any county other than that for which he has
been elected. there may be as many sessions of
the superior court in said county at the same
time there judges therein, or assigned to
duty therein by the governor, and the business
OF the court shall De 80 distributed ana assigned
by law, or in the absence of legislation therefor
by such rules and orders u court as shall. best
promote and secure the convenient aud expedi-
gious transaction thereof. the itrdsfneuts Dc.