St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-11-25
TWO OR SIX YEARS.
Does Judge Elliott's Term Ex-
pire in 1894 or in
1898.
Election Law Provisions Seem
to Clearly Say the Earl
iep Date.
Thanksgiving Day in Mime
apolis and How 1t Was
Observed.
News Gathered in a Dull Town
on q Very Dull
Day.

Has Judge c. B. Elliott been elected
judge of the municipal court of Mime
apolis for six years or two years? The
general understanding of the people
who voted for him was that he would
serve, if elected, for six years. He has
been elected, DuJ will his term continue
for six years? There is a question.
| The regular term of Office Of munic-
| ipal court is six years, of cource. That
| was fixed by the act passed by the legiS-
lature Of 1889 entitled. can act to con-
solIdate and amend the several acts re-
| lating to the municipal court of the
city of Minneapolis" Judge Elliott
went upon The municipal bench to fill
! out an uneXpired term. The municipal
! court act provides for the filling of
| vacancies OH the municipal bench in Sec
ton 3, as follows:
In case any vacancy in the Office of
municipal judge, the governor of the
| state of Minnesota shall appoint some
suitable person having the necessary
| qualifications to said office until the
next regular city election. when Judge
shall be elected for the full term Of six
| years"
So far Elliott seems all right for six
years more. This provision clearly
means that his election this year was
for the full term of six years.
But the legislature of 1891 adopted
| general election law which makes diff
| ference. Section 80 of Chapter 4, Gen
eral Laws Of 1891, entitled IAN act to
regulate elections" reads thus:
ANY state, county or district officer
elected or appointed to fill vacancy,
shall qualify and enter upon the duties
OF his office Immediately thereafter, and,
when elected, hold the same during the
udeXpred term for which he is elected;
but, if appointed to, he shall mold his
office until the next general election,
when his successor for the remainder OF
the uneXpired term shall be chosen, and
until his Successr is elected and quail
fed"
Judge Emery, to succeed whom Elliott
was appointed in the Tirst place, was
elected tour years ago aud the term for
which he was elected will expire in
1886. Under section 80 of the election
law quoted above, Elliott would seem to
have been elected merely to fill out
Emery's term. Clearly. this section 80
of the election law conflicts with section
of the municipal court act. AND the
election law of 1891 further provides
that "all other acts and parts of acts in
consistent with this act are hereby
repealed"
Section 80 of the election law as
quoted above governs the filling of
vacancy in the term of "a state, county
or district officer" and that may be
taken to mean that municipal judge,
city officer. is excepted. That is posi-
bic. though scarcely probable. Section
1876 of the election law designates what
elections shall be exempt from its pro-
visions. thus:
This act shall apply to all general
and special elections in the state of Min
nesota, except township and village
elections"
The Minneapolis election is neither a
town nor {. village election. 1t is regu-
lated by the general election law. I'm
der the general election law Judge
Elliott seems to have been elected for
only two years.
If Judge Elliott expects to hold office
for six years continuously, he must
have these Inconsistent laws set right or
officially Interpreted in his behalf.