The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-06-28
The Entire Superior Bench to
Be Vacated.
OPINION OF LAWYER HUMPHREYS
Reasons for Believing That Three
Judges Must BE Elected in Novem.
Der and Not One Only.

attorneys, but John 4. Humphries has
carefully prepared a compilation OF au-
thorities on the subject in letter adj
dressed to Judge Humes. 1t covers the
ground very fully, and the conclusion is
reached that there will be three vacancies
in January next.
Following is the text of the opinion:
As requested / submit my written opinion as
10 whether there Is one or three judges of the
superior court to lie elected at the coming cleo.
ton:
1t is provided by article 4, section 5, of the
constitution OF this state, that there shall be- in
each OF the organized counties, superior court
for which at least one judge shall be elected by
the qualified electors of the county at the gen.
sral state election. The first three lines of said
section are in these words:
There shall be in each of the organized conn.,
ties OF this state a superior court, for which at
least one judge shall be elected by the qualified
electors OF the county at the general state cleo
ton.
II this language stood alone there could be no
question but what all superior judges should be
elected at the general state election.
II is provided by article G, section 8, that there
shall be a general state election on the Tuesday
next after the first Monday in November, 1892,
and the elections OF state officers shall be held
in every fourth year thereafter on the Tuesday
succeeding the first Monday in November.
Constituting section 8, of article 6, and the first
three lines of section s. of article a. 1t settles the
matter beyond controversy that the judges of the
superior court shall be elected at the general
state election. The first judges elected under
the constitution, not especially provided for in
the constitution, are to be elected on the Tues
day next after the first Monday in November,
1892, at the time all the state officers are elected
which is the general state election.
vr,c az caf,
vlded that the first superior judges elected un.
der the constitution shall hold their Offices for
the period of three years and until their sue
cessors are elected and qualified, and thereafter
the term of office of all superior judges shall 10
four years from the second Monday in January
next succeeding their election and until their
successors are elected and qualified. Said Sec
ton not only fixes the time when the judges
shall be elected, which is at the general state
election. but also fixes the term. The judges
are elected for four years. The first election of
judges, who are TO hold Office for four years, is
to be held on the Tuesday next succeeding the
first Monday in November. 1892, at the time of
the election of the state officers, and the term
OF Office OF the judges elected commences on
the second Monday in January next succeeding
their election. Up to the present time there
have been no officers elected for the regular
terms fixed by the constitution, other than
the officers provided to fill the places
until there could be general state
election. There has been no general
state election since the adoption of the consti-
tuition, and the first general state election will
be held on the Tuesday next after the first Mon
day in November, 1892, at which time all the SUI
perior judges throughout the state, and
all state officers are to be elected.
Said section further provides that
the first election of judges for the .u.
perior courts shall be held at the time of the
adoption OF the constitution, and the term OF OF.
fee OF the judges elected Is three years to
bring 1t to the point where 1t will harmonizs
with the constitution. The state officers were
to be elected the same way.
BY said section il was further provided that
III vacancy should occur in the office of supe-
rior judge the governor should appoint a person
TO hold Office until the election and qualification
of judge to I'LL the vacancy Then 1t was fur
Their provided that the time for which the per.
son appointed by the governor was to hold
Office was until the next general election, which
evidently meant the biennial election men-
toned in section of article III above referred
to; and the judge elected at the biennial cleo
ton does not hold for the period of four years.
but only for the unexpired term. The part of
section providing for the first election of su-
perior judges and for filling vacancies and fix
Ing the term of Office is as follows:
The first superior judges elected under this
constitution shall hold their offices for the
period OF three years. and until their successors
Shall be elected and qualified, and thereafter
the term OF Office OF all superior judges in this
state shall be for four years from the second
Monday in January next succeeding their cleo
uon ana until their successors are elected and
Qnalihed The first election OF judges of the
superior court shall be ut the election held for
the adoption of this constitution If vacancy
occurs in the office OF judge of the superior
court the governor shall appoint a person TO
ton of judge to fill the vacancy, which elec-
'lon shall he at the next succeeding general
election, and the Judge so elected shall hold
once Tor the remainder OF tho uneX pired term.
The constitutional convention took into con-
sideration that 1t was necessary for the terms of
al state officers TO begin at the same time and
end at the same time, and the same with the
superior judges, and in order TO do so they
should all be elected at the general state elec-
ton. The words general state election" are
used In the constitution to distinguish it from
the general election. In order to make the
matter clear and plain, Ii was further provided
that II a vacancy should occur in the Office of
superior Judge the governor should appoint
Incumbent who should hold office only until
the next general election, AZ which time there
was to be elected jude to fill the vacancy, and
the Judge so elected At the general election was
To hold office only for the remainder of the un.
expired term Constituting this language to-
gether IL makes ii plain that had judge died.
resigned or been removed, who was elected at
the time of the adoption of the constitution and
before The general election in 1890, the governor
would have appointed judge TO fill the
eaney, and The Judge SO appointed wauid have
held office until the election in 1890, when
q Judge would have been elected 10 hold
oihce until judge should be elected in 1892 for
the full term. This harmonizes the constitu-
ton, makes IL plain and clear. and carries out
the Intent OF its mskers. Any other construc-
ton defeats the intent, language and the mean
lug OF the constitution. The term is fixed by
the constitution Il does not apply TO the in
cumbeut, as s the case in many states, but APP
plies 10 the Office. The term for superior
judges is definite and certain rs il Is for state
officers.
At the time Of the adoption of the constitution
there was but one Ndge provided for King
county, and the constitution left 10 the legs-
ia;ure 10 provide a. many more as il deemed
necessary; and on March 8, 1897, an act was
passed ny the legislature, which Is in the SEES
son laws of l>S9-oj. providing Tor two adj
d!tona judges in King countY. The Office was
created NJ that time and there was no general
election nor general State election 20 he had at
tie time 10 elect iucumbents, consequently
there was 4 vacancy within the meaning of said
Section 5 snd the governor had the right 20 APP
point !acumbents to Ill the vacancies. stock
lag " S,sle. Ind, p S26l.
In tie case above cited IL is held:
A. existing oaice without an incumbent Is
Vacant " thin the meaning az the constitution
The same doctrine is held in the following
cas-.
Barbour - Mott, Cal. = NJ
AKA Is irwin. 5 New, p Ill
l.. the after case &; Is said:
Nhere new of-lce IL created and no person IS
spu1.rte! tu uIi IL, there Is 4 vacancy. here IL