The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-12-03
CHANGE IN JANUARY.
How Some County Officials Hope
to Hold Till March.
AVERY DOUBTFUL CONTENTION.
Jefferson County Onacers Will Revive
the Law OF 1886, Practically Abro-
gated by the State Constitution.

The question has been recently raised whether
the newly-elected district and county officials
take their seats on January Q, or ii they will
have 70 wait until March. Judge Il. A. Bal
nnger, superior iudge-eect for Jefferson county,
where the question first brought up, was in
the city yesterday and was asked concerning
TIE intentions of officials OF his county.
u understand, he replied. shat the opinion
OF state Attorney General Jones has been asked.
The claim is based upon the act ito prescribe the
tenure OF office in the territory of Washington,
approved February 4. 1856"
MI Bailinger asked 20 he excused from max
ing any comment upon the subject, in view of
the position he occupied.
The act referred 20 by Ballinger is as follows:
SECTION l. That all district, county ana pre-
cinct officers elected by the people at the gen.
crsl election in the year 1884 and now holding
office by virtue or law hereunder. ehall hold
their Offices until the first Monday in March.
1857, aud until their successors are elected and
qualified.
Sec ?. That all district county and preeinc:
officers elected hereafter TO be elected in this
territory in pursuance of law, shall hold their
oi1ees tor the term OF two yesrs from ana alter
the first Monday in March not tnextl succeed
ing their election, and until their successors ere
elected aud qualified.
This law has not been included in Hills code,
and it has been generally assumed that tho
new state constitution repealed the law by i'm
piication.
OF the presidents proclamation November II,
1889. 1t said:
The provisions Of this constitution shall be in
force from the day on which the president OF
the United states shall issue his proclamation
declaring the state of Washington admitted into
the Union and the terms OF all officers selected
at the first election under the provisions OF this
constitution shall commences on the Monday
next succeeding the issue of said proclamation,
unless otherwise provided herein.
This h0s hitberto beau held To have sinner
seeded the previous constitution, together with
all laws, except such as (Sec. 2, art ~ care
not repUgnant to this constitution" In sec
ton Z it is declared that "all officers provided
for in this constitution, including county
clerk for each county, when no other time is
fixed for their election. shall be elected at the
election to be held for the adoption of this con-
stitution, on the first Tuesday of October, 1880"
The exception, ''when no other time is fixed for
their election may perhaps afford an opening
for dispute because there had been time fixed
by the laws OF 1856: but the more reasonable
construction is that the constitution meant
"when no other time is fixed" by the consti-
tuition.
This is borne out by the evident intention of
the constitution trainers to make all terms har-
monious. This is borne out by section II,
which provides that ''all district, county and
precinct officers who may be in Office at the
time of the adoption OF this constitution, ana
the county clerk of each county elected at the
first election, shall hold their respective offices
until the second Monday of January, A. ID. 1891,
and until such time as their successors may be
elected and qualified, in accordance with the
provisions of this constitution"
Those who desire to hold till March might as
sumo that their successors could not qualify IN
til March, in accordance with the act of 1886,
but to do this is to overlook the fact that the
constitution abrogated their terms, as it had the
unquestionable right to do. Moreover, the
Qualifying referred to is that in accordance
with the provisions of "this' constitution, and
not the "qualifying' under the terms of the old
law.
Many citations of the constitution might be
made to show the clear intention of the consti-
tuition to make all the terms synchronous; and
no reliance can be placed upon section IL,
which says, "the legislature at its first session,
shall provide for the election OF all officers
whose election is not provided for elsewhere in
this constitution" because that is only pre-
cautiouary clause extending powers of the legis-
lature, but not covering call officers provided
for in this constitution" who by section are
distinctly provided for.