The news & observer., 1901-01-16

to which was referred the bill 10 increase
the Governors salary from $4,000 TO
$4,000.
s Believing the bill would fail 20 accom-
plish the purpose for which it is intended,
that is TO increase the salary OF The IN
coming Governor: and ioI the further real
son that It is inexpedent. at this time,
10 ipcreasa such salaries. we feel COM
peled to recommend that said mli do not
Pass; and for our reasons call attention to
the provisions of the Constitution:
Art. III. section /. Of the Constitution
provides that Tie Executive Department
shall consist of Governor. in WHOM shall
be vested the supreme executive power of
the State
who shall be elected for term of four
years by the qualified electors of the
State, at the same time and places and in
the same manner. as members OF the Gen
cral Assembly are elected. Their term
OF office Shall commence on the first day
Of January next after their election and
| continue until their successors are elected
! aud qualified:
Provided, That the officers first elected
shall assume the duties of their office
ten days after the approval OF this Con-
stitution b.. the citizens of the United
States. and hold their offices four years
from after the first day of January.
Section Is of the same article states
that the officers mentioned in this arti-
Gle shall at stated periods receive, for
their services, a compensation TO be es
tablshed by law. which shall neither by
increased nor diminished. during TIE
lime for which they shall have been elect
ed. and said officers shall receive no other
emolument or allowance whatever.
Section 10, seems to have been unspir-
ed by section of article of the Consti
tuition of the United States which is in
hesc words; The president shall at stat
ed times, receive for his services a COM
pcnsation. which shall neither be increas-
cd nor diminished during the period for
which he shall have been elected.
1T will thus be seen that the trainers
OF the Constitution intended to definitely
iix the term of Governor and other exec
utve officers: and that, at the same time,
they were advertent to the fact that from
accident other cause. the Governor
might not be qualified and ready to as
sume the duties of the office at the be-
= ginning of his term. and that the incum
zNhsaEt might have to hold over" for an in
le- so in section Is of article
the following words: Which
be increased nor diminished
ime for which they have been
that the word term was not
used inadvertently. The trainers of the
Constitution had reference not only to the
term for which the Governor should be
elected. but also for the time" for which
he might be required to hold over into
the tern Of his successor
Their term of office shall commence
on the first day of January next after their
election. and continue until their success
sors are elected and qualified And it
is well said in ThorD on Public Officers,
section 31S. that Where statute creates
an office and fixes the term at two years
and until a successor is chosen and quail
fed. the time of the beginning of the
term of the officer first chosen. deter
mines the beginning of all subsequent
terms" and he cites State VS.. Stonestreet
80 Mo. S61. TO the same effect. And the
term of the first Governor under this
Constitution is fixed by section / and the
proviso thereto: Their term of office
shall commence on the first day of Janua-
ry next after their election
Provided, article which SAYS: THAT
the officers first elected shall assume the
duties OF their office ten davs after the
approval OF this Constitution by the Con-
gross of the United States. and shall hold
their offices four years from after the
first day of January.
MEANING OF THE WORD TERN"
The word term used in reference to the
tenure of office means ordinarily a fixed
and definite time, and does not apply to
appontve offices held at the pleasure of
the appointivc power" Mechem Pub
lie officers. People VS.. McClan 80 n. Y. S3
1T is usually provided by law that Of
ficers elected or appointed for a fixed term
shall not only hold for that term, but
until their successors are elected and
qualified When this provision is found,
the office does not become vacant upon
the expiration of the term. if there is
then no successor elected and qualified to
assume it. but the present incumbent will
hold until his successor is elected and
qualified even though it is beyond the term
fixed by law" Mechem on Public officers,
section 297.
/ am aware that in certain States it
has been held that the time for which an
officer holds over IS as much a part of
the term for which he was elected as the
time between two fixed dates. But for
tunately the question is not an open one
in North Carolina. In Aderbolt VS.. Nc
Kee 65 y. C. page 257, Chief Justice Pear
son held that:
Article g. entitled Executive Depart
ment' fixes the executive officers term of
office four years TO commence on the first
day of January next after their election.
Andin Battle VS.. McIver, 6S \. c., page
42S which was a contest over the office OF
Superintendent of Public instruction be-
tween Hon. Kemp p. Battle who claimed
it by virtue of appointment by the Gov
crnor to succeed James Reid, who was
elected in August. 1872. but died on No
vembcr s. 1872 and Prof. Alex McIver who
claimed by virtue of the appointment of
the Governor to succeed Ashbv, who re-
signed October 1. 1871 Justice Reede says:
Consider the case as if Ashby had not
resigned. His term would have expired
January l. 1878. if his successor had been
elected and qualified. AS his successor
was not elected and qualified, he would
have hcld over. Constitution. Article 3.
section /.
up to January l. 1878, he would have
held as filling his own term and after
that time as holding over for the election