Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-11-07
THEIR TERM OFOFFICE
Two Of The Judges 10 This District
Will Hold Till January.
An OPINION 10 mar EFFECT
from iho Alloray GeurraI-lirsi Non
day In January I nds the Terms
ol Street aud llilchlr.

In view Of the election Of McisfF.
Cherry ana y iuell 10 the bench ~
this district, Judge Street asked Atiof.
nsy Genetal Bishop for an opiniou a.
TO the time to when tho prts5ut In
cumbenls snail hoiJ, aud tho following
reply was Transmitted today;
Hon. john A. Street. Judge Of the
Thid Judlcinl District, Salt Ltho
CITY, Unti
Dear Sif-I ain ia receipt Of your
c1mmu nlcsiion Hsking my opinion 90
thc iolllwing question; OWN the
Judges OF tho .niri Juuiolsl district,
elected Mt tho late siecii1u, take posses.
sion ~ their ufiicus on the fifst Mon.
dAy H. January next OF can they under
lhr law take pJissssion before that
Iimt?n
1 nave examined tho Constitution
aud election law bearing upon this
subjcc' and nnj the following pfa.
visions.
sso.iun o 4 Article Of the Consiilu.
ton ptoviuttl"Aii general elections *
copt for munlcip,l and school ufiics.,
shall DO held on the TUESDAY next FOL.
lowing the fist Monday Ia November
VI the year In which the election IL
hsli. Special elections may DO held
as provided by Law. tbs term OF all
Ulcers elected at any general election
shall commence on the fifst Mnuday
10 January, next following tho Jate VI
their rleoiinn.n
section 10 oi article 7 OF the Cou.
stllulion, Icing provision tor the NIL
Ing Of vacancies csuiei by resignation
o. death, provides hmOng other thiugti
~ the tfiioe VI the Juatius OF the
5Iifeme " Distfict o0ufi, secretary OF
state. etc, b. vac itoi by desih, fesig-
nation or otherwise, u email ho the
duiy oi the Governor 10 III tho sam
By appointment and the appointtc
shall hold his iiicc until bis successor
shall be elected anu quality, ~ my
BE- by law pfOvidtd,"
section VI chapter 1875, heing an act
concerning election, ~ ~ iollowtI"tf a
vacancy occurs ~ tue oiiius Of Judge oil
tho supreme or district court, secretary
Of state, etc., tue G1veTlOr shali ny.
plini u person 10 hold the Cfiice until
The election and qualification Of hi
successor 10 hli tue vacancy, whic1
election shall take place At the mkt
succeeding general election, AMI III
person % elected shall hOi1 tho tli q
Tor tile remainder OF the term"
IL will be noticed that section 3,
last above quolcd,is identical with that
Of srotiou 10, article 7, OF the Cgnstitu.
ton above quoted. except that u nxs-
the Tine OF said election nj the mex
succeeding general election aud sls1
determines the term Of tiiiec lthat h,
the unsxpirsd icrm OF tue person
causing toe vaeaucy,l OF tie person
elected.
Section 9 Of chapter l25 hIss the
time for holding general elections ami
provides that they shall be for tho
purpose OF choosing, In proper YEAR.
officers. Including district tnicop.
section 3 pfovidts, "special elections
ste such ~ ais held NJ other timos tor
any purpose rquiIod by law, except
municipal aud school elections"
30 far ~ it 10 proyi ed by law there
IL no authority far the calling Of an
elect on to fili vacancy Ia tho tiiiee
VI district Judge, nj auy other time
than a general election. and section 8
" chapter last quoted expressly pro.
vides that sale election shall take
pace NJ the n,xt succeeding general
election.
sectious SO aud 80 OF this act pfo.
yidcs Tor the transmission OF election
tuturnuto the secretary Of state. S,c-
ton 80 provides that on the frst M0n.
Jay OF December alter the date Of
election at ~ o'clock noon, or 10 case
OF special election at ~ O'Clock noon
on tbs day following receipt by the
secretary OF state VI tho last OF the
returns u said special elecliou, tn
State auditor, State treasurer and NJ.
tornsy who shall constitute n board Of
State oanvassers, must meet 10 tho
office Of tic secretary Of Safe and
compute aud dstoImine thu vote ana
the secretary OF State who Il . or.tafy
OF said b, ard muyt make anu Die IN
his Iiice statement thereof aud trans.
init n ipy Of such statement 10 thu
Governor. Section 20 OF same act pr =
vidts that upOn TcCeipi 81 such copy