Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-22

pereon 10 I'LL the vacancy IL indicated
by the title OF tho ac,; but tue proyls-
lon for appointing an Incumbent in
the meantime is not. The general
purposs described a. the iitlo, inclujcs
tie election, but does not include tho
app1iniment. Tho prOyision for the
election in valid unless "a conflicts
with seciiun 10 OF article of
the Constellation. Nhis provision Tor
an election wiz be considered with re.
Bpect TO eaii section 10, further on.
But the puwer to appoint % person TO
hol tho OIL 20 il cOEfnrred upon the
Governor 10y section 10 oi the cllsli-
tuition mentioned, and the invAlldity OF
the provision for such appointment, be.
cause It Is not embroced IN the title Of
the net is iumateral
1t also appeals 10 section IS OF the
act under discussion that "All AZ.
polntivc officers in enid cities and
towns shall hold their respective
offices until their successors shall he
appointed and qualified" This section
does nat relate 10 elections, nor does IT
consider elections, therefore this title
does not embrace IT.
The other proviRiJRs of the act an.
pear to relate TO ClgttlnuB,s nJ are there.
title, and they are gtieu,ei by those
held 10 be void.
Ii the act is broader that the title.
the rule Is, that the provisions indi.
cateu by the title may stand, while
thoso not Indicated must fall, unle 6
they are so dependent on each other
that they cannot bo executed eepar.
stely.
Coo eY on Unconstitutional limitation,
p. 917, 6 ed.J
As We lave seen this IN the first
term ~ office of district Judges under
the Constitution, Sad that the term
eHiends TO this first Monday ia Jan.
uafy, 1901, aud that plaintiff was up.
nnlnIeu in June lhst to succeed Judge
Young. whO hal resigned, aud fur.
thet question IN this ease IL, csn he
bold until the emu Of tho term On the
Afst Monday IA January, 1901. or
until the qualification OF the person
who was elected in pursuen &c of sec
ton ., supra, on the 3rd day o;
November last? II that sec
ton governs his successor was
duly eieled as provided by law,
anu upon his qualification,
the defen Uant's right to the Oflius v III
DO at once terminated.
Whistler 1t shall govern depends
up1n the meaning Of section 10, OF
article Z, vi the Constitution, That
section reads ae followt;
The Governor shall nominate and,
by ana W ia the consent OF the Senate,
appoint ali State and district officers,
whose offices are esinbllhhe1 by this
Constitution, or which may be created
by law, anu whose appointment or
election 10 not otherwise provided for.
II, during the recess OF tho Senate,
vacancy occur ia any state or district
iii %, the Governor shall appoint some
fit person to discharge the duties
thereof until the next IN Getting OF the
Senate, when lie shall nominate sounu
peraOn to fill such Oil &c. II the Office
OF iu1iice Of the Supreme or iistr CT
court, secretary OF state, state auditor,
state treasurer, attorney general or
superintendent OF public instruction be
vacated by death, resignation or other.
wise, it snail be The duty OF the Gov
eraor to I'LL the ZANE by appointment,
aud the appointee shall hOlu his Cfiice
until his successor has been appointed
anu qualified rs by law prOvided.G
This action Is composed OF three
distinct CLAUSES or provisions. The
iisst makes 1t the duty OF the Cover
nor to nominate, aud with the consent
OF the Senate, appoint all State ana
district officers whose offices are es.
tsblished by the Conati!ution, or
which may bo created by law, snu
whose appointment or election 10 no.
otherwise provided for. fla vacancy
occurs in any State or district Office
dhfing the recess OF the Senate, the
second clause requires tho Governor
to appoint a fit pefsOn TO discharge the
duties of the Office until the next
meeting OF the Senate, anu then IL re.
quires him 10 nominate peraon to
fill the office. II the ofiics OF justice
of the Supreme or district court, sec.
retary OF State, State auditor, State
treasurer, attorney general, or super
in,eudent OF public instruction be-
come vacant, the third aud last clause
OF the section makes it the duty OF the
Governor to I'LL the same by appoint.