The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-17
ONEJUDGEOR THREE?
What Number Is to Be Elected
in November?
OPINION OF DIVERS LAWYERS.
4 General Impression That the Statute
IL Partly Unconstitutfonai-yiew
Of Both Parties.

The question whether King county is to
elect one judge or three Judges of the su-
perior court at the election in November
is agitating the legal fraternity. The an
sWer depends upon whether the election
at that time il general election" within
the meaning of the constitution and
whether the statute creating two judge
ships, passed at the recent session of the
state legislature, is entirely constitutional
King county was, like all other judicial
districts, given only one judge, but later
two other judgeships were created, to
which incumbents were to be appointed by
the governor until the following election,
when, according 70 the statute, two were
to be elected for four years. In 1880
Judges Humes and Osborn were elected,
and the question is whether a successor TO
Judge Lichtenberg only 10 TO be elected or
to ell three judges.
Throughout the constitution, particu-
larry under Article w., THE Judiciary"
Q distinction is made between general cleo
tions which are TO be held in the state mot
including the general election upon the
adoption of the constitution, and the cleo
ton OF officers therein provided forl.
There are two distinct divisions of general
elections, namely. the election for the dis
trict and county officers, which is BIZ
ennial, and the election for governor and
state officers, which occurs every four
years The election held in King county,
ct which Judges Humes and Osborn were
elected, came under the first division
This division is spoken of in the constitu-
ton as general election. The term is be-
lieved by some lawyers TO be so used
merely to distinguish from special cleo
tions. The latter division is spoken of as
a general state election, and the word
general is used to distinguish from spe-
cial election, and the word state" to dis
tinguish from the county and district cleo
ton.
The election to be held in 1892 is a gem
eral state election, and in it is merged a
general county and district election. The
only constitutional provision bearing upon
the question is found in Article w., which
is given below, the provisions being num-
bered for convenience in making reference:
sec. r. There shall be in each of the organ
lied counties OF this state superior court for
which ID at least one judge shall be elected by
the qualified electors OF tho county, at the gen.
eral state election. The first snnarior
judges elected under this constitution shall hold
their Offices for the period of three years, and
until their successors shall be elected and quail
fed; and ri thereafter the term of office OF all
the superior judges In this state shall be for
four years from the second Monday in January
next succeeding their election, and until their
Successors are elected and qualified.
1t vacancy occurs in the Office OF Judge of the
superior court, the governor shall appoint per-
son to hold the Office CD until the election and
qualification of judge to fill the vacancy;
which election shall be at the next succeeding
general election. and the Judge so elected shall
aoid office for the remainder Of The Rerprod term
There is not to be found in the constitu-
ton any more explicit statement that the
legislature may increase the number of
tdS superior judges of any county than is
Zconfained in these provisions. Nor is
there to be found in the constitution or in
the statutes of the state any more explicit
provision as TO the time in which superior
judges generally shall be elected, than is
contained in the provision above quoted.
1t is conceded that under these provisions
of the constitution the legislature may
provide for any number Exceeding one)
OF judges of tile superior court of any
county.
The proper construction of provision |
above, as interpreted by good authority,
Is: Taat it is declaration that in case
the legislature provides for an increase in
the number of judges in any county, such
judges shall be elected at the general state
election, when elected for full term The
provision Cd is 10 be construed as if it
read: There shall be at least one Judge
elected for the superior court of each
county. All superior judges shall be
elected at the general state election, except
cases of election to fill vacancies as herein
otherwise provided"
The Legislature of Washington, by act in
effect March 30 1880, provided as follows:
SECTION l. That In each of the following
named counties additional superior judges
Ehan be elected, that is TO say, two
superior judges in the county of King
Sec. 2. The governor shall appoint in each of
said counties persons learned in law judges of
the superior courts, IA hereinbefore provided
10 be elected. who shall hold their offices until
the next general election, and until their sue
ceSsors shall have been elected and qualified
tsee constitutional provision 8.
shovel
Sec. At the general election In 1890 there shall
be elected IN the county of King
two superior judges in addition to
the judges provided for by law in said
opunttes who shall hold their Offices for the
ts<In of four years from anu after the second
konday in January, 1921.
Under this act the governor appointed
two additional judges for King county,
and. st the next general election (the gem
sral election in 1Sa0), Judge Humes and
Judge Osborn were elected as the two adj
ditional judges provided by the act of the
legislature. This SO far conforms in terms
60 constitutional provision above.
Now the question arises whether the two
judges so elected hold for four years. AS
aontem Mated in section z of the act of 4ba
legislature above referred TO, or do they
hold until the general state election, being
''the remainder of the unexpired term, :" as
contemplated by section of article Nv. of
the constitution above cited (provision
sboyel Ia other words, is the act of the
legislature above referred TO constitutional
or is il unconstitutional; or is II constitn-
tional in part and unconstitutional as to
that part OF the four years term there pro-
vided which IS subsequent to the second
Monday in January next succeeding the
general state election in 1927
The act is considered by some TO he diyis-
ible, 50 that il may be constitutional as to
Q part OF the term, and in conflict with
the constitution. and therefore void
90 10 the remainder of the term.
And further. that as 10 so much of
sAe term OF four years provided for ia sec
tion 5, which extends beyond the second
Monday in January, iS9S. it is in conflict
with the provisions Of section of article
Nv. Of the constitution. liz follows that ii
this conclusion is correct. the people of
King county should elect three Judges in
the fall of 1S92. By section |, OF the act of
Iseo, the ofkes was created. There being
no efee-helder, avseancy occurred at once