The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-10-08
IN FAVOR OF GASCH.
Supreme Court Confirms Four
Year Term Law.
PoPuL,sT THEORY IS SECUTED.
Only One Msasfng for the Word 's1srn.
and the Legislature Acted Within
Iss Powers

The decision Of the supreme court on the
case taken from the superior court of King
county to ties. the consrifutionality of the
Law extending TO four years the term OF
Office of county commissioners was re-
ceived in the city from Olympia yesterday.
and confirms the validity OF the Law. Its
effect Is 20 continue in Office for two years
Fred Gssch, the Commissioners from the
First district.
The title of the case. which was set for
special hearing last Friday. Was W. f.
Hays vs. Auditor Twichelj. and its pur-
pose Was 10 secure . peremptory writ OF
mandate compelling the auditor 10 place
upon the Populist ticket to be voted on Ct
the coming election the name of j. T..
Kenworthy, who Was duly aud reguiariy
nominated for commissioner for the First
district OF King county. After reciting
these facts the decision continues:
"An alternative writ of mandate was
issued requiring the auditor to show cause
shy ne should not place the name OF SAID
kenworthy upon said ticket He an
swered said writ, and gave as reason
that under the laws Of the state OF W ash
ington the term of Fred Gasch as commits
sioner Of the First district would not ex-
pire until January 10, 1897. and that no
commissioner WAS 10 be elected Tor said
First district at said coming election The
relator demurred 10 said answer and the
court overruied the demurrer and held
the answer good. The reiator elected TO
stand upon the position, and refused 20
plead further. Judgment was rendered on
the demurrer. and the case is brought here
to the supreme court on appeal.
cit will thus be seen that the question
under consideration Is whether, under
section 5, article XI., of the constitution,
the legislature had the power TO pass the
law Of March %, 1880. which provides for
the distrscting OF counties into comm's-
sioner districts and the election OF county
commissioners IN said districts, and the
law OF February -, 1891, which provides
as follows:
".,ec. 2. The commissioner elected from dis
Erict No. shall serve four years, aud the com
missioneTs elected from districts Nos an 3
shall serve two years EACH
sec B. At the next general election there
after there shall he a commissioner elected from
the districis No 10 serve four years and a com
missioner elected from districts No. 10 serve
...see. At the next general election thers-
after there shall be commissioner eleetef from
the districts No. TO serve four years. and a
CON missioner elected from districts No 10
serve two years
ton is as follows:
:" The legislature, by general and upiior. IA
laws, shall provide for the election IL the sew
efsl couatiez OF boards of county commits
sicners sherifs, county clerks, treasures prose
cutting attorneys aud other county, township Or
precinct and district officers. rs public conyen-
lence may require, and shall prescribe their
duties and FIX their terms OF olfiee.
"if this section OF the constitution were
to be construed alone il would seem that
no question could be raised IN the mind If
any one concerning the power of the iegis-
iature 10 Ill the terms of office OF the Of
fcers mentioned in said section, but it is
contended Dy appellant that. when con-
strued in connection with section S. OF
article vi. of the constitution, which pro-
yides that sThe first election OF county
and district officers, not otherwise pro-
v,ded for in this constitution. shall be on
the Tuesday next after the first Monday
10 November, 1880. and thereafter ali cleo
tons for such officers shall be held bien-
ally on the Tuesday next succeeding the
nrst Monday in November that the
phrase fix the term of Office IN section
s. must be construed TO only give power
TO the legislature TO fix the date of the
commencement and the date Of the expir-
alton of the period for which such officers
shall hold, and that IL does not give the
legislature power to prescribe the duration
and length of the period during which
such officers shall hold their office.
The term Fix their term of office is so
clear aud imam biguous that it seems to Us
ID is scarcely susceptible OF misconstruction
and that the language employed will not
warrant the construction that 1t was sim
ply the date of the commencement aud the
date of the expiration of the period. nor do
We think there is anything in section OF
article VI. which would lead 10 such a con-
structlon. That section does not attempt
TO provide for the duration of the terms o.
county and district officers, but simply
provides a time At which the election for
such officers shall be held. With this con-
struetion the provisions of section OF
article vi. and section of article XII are
made TO harmonic. but with the other
construction there would be plain con-
diet In the provisions of the two different
sections, for the expression term of Office
is SO definite and so we'll understood that
ID cannot receive the construction con-
tended for by appellant. that il refers
simply TO the com mencement and ending
OF the term.
Term, as applied TO time. signifies a nxed
period, determined or prescribed duration.
3 Am. & Eng. Enc. OF Law. p. sia
"a tern Of Office - fixed period prescrib bed
for holding Office People Us. Bgnndsge. Is \.
\. s03.
''The word term when used with reference
10 the tenure of oriee ordinarily refers 10 fixed
aud deaaite time Neehsm. Pub Officers, sec.
sSA
SIN fact. the expression. term OF Office,
| so clearly defines itself, the words used are
so we'll understood and their meaning so
universally accepted that ii is useless 10
| attempt 10 further define it,
1T is argued by appellant tina, the leg
islature might abuse its discretion aud III
| the term OF Office TO extend over the life
| time OF the person holding the office. Bu,
the legislature. acting in response 10 the
will of the people. would probably reflect
| their desires IN this respect, aud if il did
not, the wisdom of the action of the leg.
| islAiure is subject over which this eour,
| has no eontro! y bile such action Is within
constitutional limitations In this case
We think the legislature had full power 10
enact the laws complained OF, and the
! Judgment OF the lower court will therefore
be affirmed "