The labor world. [volume] (Duluth, Minn.) 1896-current, 1902-10-18
News Tribune of Aug. rs, last.

News tribune OIL Aug. TO- last.
Section 10, general statutes Mime
sofa, 1894, under which Johnson claim
ed and exercised the right to qualify
and enter upon the duties of his pres
ent term of office, Immediately after
he was elected at the general election
of 1894 (nstead Of on the first Mon
day in January next succeeding. as re-
quired by law in case Of election for
the regular four year term Of such
office), is as follows:
Any state, county or district off,
Ger elected or appointed to fill vacan-
cy shall qualify and enter upon the du-
ties of his office Immediately there
after. When elected he shall hold the
office during the unexpired term for
which he was elected, and until his
successor is elected and qualified: but
if appointment to, he shall hold his
office until the next general election,
when his successor for the remainder
Of the unexpired term shall be chosen
and until his successor is elected and
qualified.'
So that his understanding of the
law must have been different at the
time he was elected and entered on
the duties of his present term of Of
flee. and otherwise he violated the law
in entering the office as he did, under
the theory of his present claim.
In conclusion, prefacing with
statement that the decision is
Crowell VS.. Lambert, 9 Min
nesota Rep, page 2S3 (Gil. 267) is the
foundation of opinions Of former at,
torneys general covering the point in
question:: On the proposition that I'M
der the decisions of this state there
is no room for any legal question to be
raised concerning the term for which
Mr.. Johnson was elected two years
ago: in the case cited it was decided
that an election to fill vacancy in office
Of judge Of probate, under the former
annual election system, was in every
case for the term of two years. This
decision, however, depends expressly
on the construction to be given sections
lively for office of Judge of probate and
for filling vacancy in office of ANY
judge" under which head a judge Of
probate was held to be included; and
this decision, therefore, has no refer
ence to the case of an election to fill
vacancy in office of clerk Of district
court, in which the manner of filling
vacancy is left to he prescribed by
law, the limit of the term being fixed
at four years by the constitution. In
state ex. rel. v. O'Leary 81 Mimi Rep.
page 207, it was held that the office of
clerk of district court becomes vacant
at the expiration of the term of four
years, on account Of there being no
provision in case of that office that the
one elected should hold until his sue
cessor is elected and qualified: the
omission of which usual provision is
found significant, as stated in the opin-
ion. The effect of this decision in con-
struction of the language Of section
865, General Statutes Minnesota, 1894,
rendering manifest the intention by the
latter to provide for election for re-
mainder of unexpired term, after ap-
pointment; the language of section
865 thus construed consisting with the
general provision of section 10 before
quoted and precluding any question as
to the Legislative construction of the
constitutional provision for election of
clerk of district court, nor is there any
authority in the shape Of a decision of
this state opposed to that of the legis-
latlve construction thus established.
Yours respectfully,
WALTER B. MOER.
Duluth, Mimi, Oct. 10th, 1902.