The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-08-19
CAN NOT HOLD OVER.
Vacant County Court Cletkships
Must be Filled by Election.

vacant County Court Clerks ships
Must be Filled by Election.
If any doubt existed as to what would
be done in those counties where the
terms Of clerks Of court expired. the
first Monday of the present year, that
doubt has been set at rest by the opin-
ion of Attorney General Childs. given
yesterday, advising Secretary of State
Berg to notify county auditors in the
counties affected to at once issue notices
of election to fill the vacancies, as pro-
vided in the act which created vacan-
cies
All counties which had the terms of
their offices expiring within odd num-
bered year are affected by the opinion,
which is as follows:
You request my views as to what action
should be taken by you relative to those
counties in this state in which vacancies oc-
CURED on the first Monday of the present
year pursuant to the provisions of General
Laws 1891, chapter SO.
The question has already engaged my at
tention, and l have reached the view that an
election should be held in each Of such
counties to elect the successors in Office of
present ineumbents. The act above cited
prescribes, in my Judgment, the only course
which can properly be pursued in the coun-
ties in question 1t is there provided that in
all counties in which the terms of such
offices expired on the first Monday in Janu-
airy, 1896, the successors thereto should be
elected at the general election to be held in
November, 1896, and furthermore that va
cancies occurring under the provisions of
section of the act should be filled as now
provided by law; that is to say. by appoint
ment by the district court 1t is thus seen
that the act in express terms provides for an
election in the present year, and that the
intervening hiatus should be filled by an ap-
Had ~
time as to the validity of the said act, but all
doubts are put to rest by the decision recently
reached by our supreme SQUIRT in the case
OF The State ex rel. VS.. O'Leary. The ques-
tain of said counties, elections were attempted
to be held in 1894 for the purpose of electfng
successors to the incumbents then in Office
You are therefore advised that the proper
notices should be given to county auditors
advising them that elections must be held
in their respective counties pursuant to the
said act.
am of the opinion that clerk Of the dis
trfct court should also be elected In the county
OF Roseau. 1t appears that the said county
was organized in January, 1895. and
that the. board Of county commits
sioners therein, pursuant to General
Laws 1893. chapter 143 section 10 appointed
county officials including the clerk of the
district court. The statute provides that the
officers so elected and qualified shall possess
all the authority and power conferred by
the general law upon such officers, and shall
hold their offices until their successors are
elected or appointed and qualified as provided
by general law. 1t was no doubt the pur-
pose Of the legislature to conform the provis-
ions Of said chapter 143 with the constitutional
amendment prescribing the dates when state
and county offices should begin. No signii-
term elected" Is employed in the county
organization act, as 1t must be held to mean
nothing more nor less than an appointment by
the said board.