, 1892-11-19
CAUSES SURPRISE,
More About the Terms Of County
Officers.

Extracts From the Constitution
Bearing Upon the Point at Issue.
An Opinion From County AttOr-
neV Aver.
II guess THE TRIBUNE is about right, -
aid County Attorney Aver, when asked
to express his opinion relative to the mat
ter of the terms of county officers, which
was printed in THE TRIBUNE of Thursday
evening.
1t seems to be the general conclusion that
the section in HIPS code governing this
question is no longer in force and that the
act of 1886 is final
1T CAUSED SURPRISE.
When the question was submitted to diff
ferent gentlemen Of legal ability by TRIB-
UEE representative, they expressed surprise
that such an important matter had been
overlooked by the legal fraternity of the
state Efforts were made to prove that the
constitution of the state settles the whole
question, but up to the time of going to
press the specific section which so effect
ually silenced all dispute could not be
found
WHAT THE CONSTITUTION SAYS.
Section 5, article XI, of the constitution
(page SO of Barton's handbook), says in
the opening sentence: 1.-THE legislature
by general and uniform laws shall provide
for the election in the several counties of
boards of county commissioners, sheriffs,
county clerks, treasurers, prosecuting at
torneys, and other county or precinct, and
district officers, as public convenience may
require, and shall prescribe their duties
and fix their terms of office. ="
In the schedule, section IL, Art. XVII,
(page ITO, Barton's hand book the pro-
vision is made: "The legislature, at its
first session, shall provide for the election
Of all officers whose election is not provided
for elsewhere in this constitution and fix
the time for the commencement and dura-
ton of their term"
Section 2, Of the schedule (page LOG Bar
toms handbook) further says: "All laws
now in force in the territory of Washing
ton, which are not repugnant to this con-
stitution, shall remain in force until they
expire by their own limitation or are not
altered or repealed by the legislature" =
Section IA of the schedule (page Ill of Bar.
toms handboOkl provides: ''All district,
county and precinct officers, who may be
in Office at the time of the adoption of this
constitution, and the county clerk of each
county elected at the first election shall
hold their respective Offices until the sec
ond Monday of January, A. D., 1891, and
until such time as their successors may be
elected and qualified, in accordance with
the provisions of this constitution" - .
DEDUCTIONS.
1t is claimed that this section applies to
a specific instance and that it is not gem
eral in its nature. 1t makes no provision
for terms of officers after the Successors
of the territorial officers have been elected
and qualified"
This being the case. and the session laws
! of 1890 being silent upon the subject, it
seems that the act of 1886 still holds good
there being no visible conflict with the
provisions in the constitution, and that
terms of county officers begin the first
Monday in March, instead of the first Mon
day in January, as claimed.
In the language of a gentleman who has
| thoroughly investigated the matter:
Either the law of 1856 is still in force or
there is no law governing the matter at
ALL"