The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-06-08
occur not more than thirty DAYS after

/, occur not more than thirty days after
| the vacancy shall have happened"
The Cobb case referred to by Mr..
Orr for confirmation of this position
| when carefully examined. it will be
found, holds: That the words regular
election" as used in the constitution.
The constitution, article 4, section 2,
provides: General elections shall be
held annually on the Tuesday succeed
ing the fI,st Monday in November.
Township elections shall be held on the
first Tuesday in April until otherwise
provided by law
"It is clear when we consider this pro-
vision of the constitution, that its
,, trainers meant that al! except town
ship officers should be elected at the
election in November of each year:
this would include chief justices and
associate justices of the supreme court
and all state, district and county offic-
ers. 1t does not follow that because
there is no vacancy in each of said
offices, to be filled at every annual
election, that a vacancy may not be
so filed when it occurs. The constftu-
ton expressly provides for an annual
November election, and makes Ii law
ful to elect state, district and county
officers at Such election. Therefore, as
it is the policy of the law TO elect chief
justices and associate justices of the
supreme court rather than TO appoint
them, 1T is clear that where vacancy
Is filled by appointment of the govern
or, that the incumbent should hold by
virtue Of such appointment only until
a SUCCESSOR can be elected and quail
fed, and that it is lawful and proper 10
elect such successor al such annaf
election at which any state officer may
be elected. Indeed. in the case cited
by Mr.. Orr. state eX rel vs. Cobb. I'd,
L To- rr1or xrR0 n N r-ar
ing the opinion usas this language: The
exception made to meet possible reces-
sites, is by appointment TO MI Vacan-
cies. but that appointment Is express
~ limited and must expire az the next
regular election thai occurs more than
thirty days after the vacancy shall
have happened. Thus showing that IL
was the intention 70 limit the exception
al method of selecting the judiciary. so
far as was consistent with deliberate
exercise Of the mode of filing the Office
by the usual mode OF election
In the case also, Of Morgan vs. the
county Of Pratt. "A Kansas, s., on page
IS in the body Of the opinion, MI Jus
toe Brewer uses this language The
November election i the general eiec-
ton. and that whether fsw or many
Offices are TO be flied. Ii may be said
that when the statutes provides that
the officer elected at the sPecisi cleo
ton shall hold until the next general
election. IL means the next genera! eaec-
ton Of that office: bu, this - not TIE
natural irnoort of the language and
seems TO require an interpretation of
certain words. The words general cleo
tion have a constitutionality defined,
fixed and uniform meaning, ana are IN
dependeryt Of the thern 81 Once OF the
number OF officers 10 be elected
From these authorities and from TIE
general practice which mas p,cSaiie1
am clearly OF the opinion that The cou-
mig November election u the prnpes
time At which to III cut the uaexpired
term Of Chief justice Hofson. .es-SDr1
While you have no; asked me Io'
any opinion relating 70 any esaeF H.
ter than the law Of this cues,lon, $40
you did me me courtesy 70 invite ne
to the meeting OF the conumittee. ana
nav th,sr&ore b. IN the same sense
he'd responssbse for tss deliberations
end conclusious. I wish 20 say en-