The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-12-11
TERMS EXPIRE IN JANUARY.
Prosecuting Attorney Miller's Opinion
On tho Disputed Question.

IN tho D16pute0 question
At the request of County Clerk Spencer, the
prosecuting attorney, John +. Miller, has pre-
pared an official opinion as TO tae time when
the terms OF the present county officers ex-
pire The opinion 10 as follows, and according
to it the new officials will succeed the present
ones on January Q, 1898:
Replying to your letter of November II, in
which you ask for an official opindon to when
your official term OF county clerk ends, would
say that for thorough understanding of the
question it will be necessary to assume that you
was elected on the Tuesday nexs after the first
Monday in November. 1890, and that you entered
upon the discharge OF the duties IF the Office on
the first Tuesday after the secoad Monday OF
January, 1891.
Your successor in Office must therefore be
elected on the Tuesday next after the first Mon
day in November 1892, in accordance with the
requirements of article s, section OF the state
constitution, which declares that the first cleo
ton of county and district officers not otherwise
provided for in this constitution shall be on the
Tuesday next after the frst Monsay in Noyem-
Der, 1890, and thereafter all elections for such
offices shall be held biennially OF the Tuesday
next succeeding the first Monday in November.
The term OF Office for all coluty offices is
therefore fixed for twoyears. Section IL of arti-
Gle y OF the constitution made IL the duty of tina
legislature at the first session TO IL the time of
the commencement and duration Of their term,
but this duty the Legislature has apparently
failed 10 perform. SO far, however, as the dura-
that the constitution in sufficieat terms fixes
the term at two years, and the only difficult
question involved is that OF the commencement
of the term, and IL that can be nged, either by
the constitution or by legislative GETS your term
of Office would, II seems to me, expire in two
years from that time.
l find by the code of 1881, section S,153, that
the commencement OF the term o: office of all
county officers is fixed on the first Monday in
January, aud the duration of the term is to be
two years.
This law was repealed, however, by an act OF
the legislature approved February 4, 1856. being
on pages 100 and 101, session laws Of 1850 and
q N va nv
this act changed TO the first Monday in March
If we depend upon the territorial law there
can be question but that the tenn OF Office of
all county officers commences on the first Mon
day in March.
1t will therefore be necessary t. refer to the
constitution of the state and ASCERTAIN what
effect. IT, any, that has upon the laws passed by
the territorial legislature prior to the adoption
of the consiituI. on by the people.
As has been before stated, the stete legislature
has not fixed the commencement and duration
of the term OF county officers, but has not the
constitution done so? BY article 6. section S
your election for the present term loOk place on
the first Monday in November, lSssl. and there
after all elections for county Officers must be
held bi-ennially on the Tuesday rssxt succeed
ing the first Monday in Noyembef aud by sec
ton Ii of article u of the constitution the date
OF the commencement of your present term Of
ONCE was fixed on the second MoIsay of Janu-
airy, 1891, at which time you in fact entered
upon the discharge OF the duties Of the Office
and your term being for two sears, under
the constitution, regard the act OF che territorial
legislature OF 1855 as being apn:Iied and in
conflict with the provisions OF the. constitution
ana. therefore void. To hold that your present
term OF otfice extends 10 the first Monday in
March. 1898, would fix your term OF Office at
more than two years. which, in my opinion,
cannot he done by legislation.
am, therefore, of the opinion tsat YOUR term
OF Office, having commenced on tie first Tues
day after the second Monday iii January, 1891,
your term OF Office will expire or t1e first Tues
day after the second Monday OF JANUARY, 1898.