The record-union., 1896-08-20
THE GOVERNORS TEAM MATE
Shall There be an Election for Lieutenant
Governor
Chief Points of the Brief Now on
File in the Supreme
Court.

! The courts will shortly determine, 1t
| is expected, whether or not there Will
! be a ieutenant-Governor chosen at
| the coming election to fill the vacancy
caused by the death of Lieutenant-Gov-
ernor Spencer G.. Millard Governor
| Budd appointed William T. Jeter, the
defeated Democratic candidate, for the
place. He holds that his appointee
| should serve out the unexpired
| term of his predecessor, and has de-
ciined to include in his election procla-
nation call for the election of such
official
The Republicans hold that a Lieuten-
ant Governor should be elected this fall,
and their nominee, John T. Lynch, re-
Gently petitioned the Supreme Court
for writ of mandate requiring the Gov
| ernor to include that office in his procia-
nation.
| Briefs have now been filed by both
=, sides to the controversy. In his brief
| Lynch quotes Section s of Article V. of
the Constitution in support of his po-
sition, which provides:
| Whenever any office SHALL from any
| cause, become vacant, and no mode is
| provided by the Constitution and law
| for filling such vacancy, the Governor
! shall have power to fill such vacancy
| by granting a commission, which shall
| expire at the end of the next session of
the Legislature, or at the next election
| by the people,
! On this section the Republican candi-
| date bases his argument that the va
| cancy should be filled by the people at
the coming election, and that it is the
! duty of the Governor to call an election
/ for that office.
| Governor Budd claims that the Con-
stitution provides for the election of a
| Lieutenant-G Governor only once in four
years, and that the people have by that
| instrument reposed in the Executive the
power to fill vacancies in the interim.
EIe denies that there is any authority
| for the people electing a Lieutenant
Governor to fill an unexpired term.
| His Interpretation of the constitu-
tional provision that a commission to
| fill a vacancy shall expire at the end
of the next session of the Legislature,
or at the next election by the people,
is that the term shall expire at the end
of the next session of the Legislature,
when the office is filled by the Legisla-
ture, and that as to elective officers the
term shall expire at the next election for
that office by the people.
| Even though Mr.. Jeter's commission
expires with the election of Novem-
Der, 1896" says the Governor, (which
we deny, nevertheless there is no i'm
piled power to fill the office of Lieuten
ant t-Goyernor for the unexpired term at
| that election" Governor Budd sums
up his position thus:
THE point which we make is simply
| this: The power conferred upon the
! Governor is to fill a, vacancy in Office.
| The person so appointed is entitled to
hold until, by virtue of some Consti-
tutional provision, or by reason of some
statute another person is elected to
| take the place; and if the Constitution
| omits to make any provision, and if the
Legislature omits to make any pro-
! vision for filing the Office before
new election for new term, the effect
| of the appointment is to give to the
appointee named to fill the vacancy the
| balance of the term"