The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1904-04-22


the fortnitous extinguishment for
cause, of the incumbency of the Office
before the expiration of the incum-
bent's term; that is, by the death, re-
moval of or from the township by jus
tice of the peace. while actually in Of
fee and before his term of three years
has expired. A vacancy in the official
term of a justice or of any officer can
not occur after his term has expired.
In State vs. Heffner. 80 .. 5. 36S and
State vs. Beal 90 o. S EOS, the Supreme
Court has expressly held, that an in
terval If several months between the
and the commencement Of the term OF
a successor or the time of the com
mencement of his term, Is not va
cancy, which the Legislature can au-
thorizs to be filled by appointment.
2. The Constitution ordains that
justices of the peace shall be elected
and that their terms shall be three
years. 1t confers no power to hold or
exercise ths duties of the Office after
their term OF three years has expired
nor does it empower the Legislature to
so authorize them, under any circum-
stances or upon any condition what
ever. In State vs. Heffner. 80 o. S.
36s. the Supreme Court thus speaks.
The provisions of the 10th Article
of the Constitution requiring the gen
eral assembly to provide by the law for
the election of county officers and that
such officers shall be elected on the first
Tuesday after the first Mcndsy in No
vember, disable the general assembly
to provide by law for an interval be
tween the official terms of q sheriff
and of one elected to succeed him.
The power conferred upon the gen
eral assembly by the 27th Section o
the Secord Article of the Constitution
to provide for the filling of vscsncies a
may occur fortuitously. It does no
} authorize the creation OF an intsrva
elected to the Office of sheriff Tn
, Act of April 90. 1895, o. l.. 35i under
took to postpone the commencement O
the official terms of sheriff from Janu
sry to September 1, leaving or Great
l ing an interval of eight uonths. Sew
ersl sheriffs. whose terms had expired
; clsimed the right to hold and exercis
their Offices until September and as {
: several other sneriffs, ,the..commissioner
: claimed the right to appoint sheriff
to fill this interval of eight months
e But the court said neither could be dor
? for the Constitution did Lot sutnoriz
It The case of justices of the peaS
1 under the Chapman law is exactly an,
r ogous They are elected for thrs
4 years and no more. When their tern
{ have expired thsy cease to be justic'
of the peace unless reelected. The,
= therefore. cannot hold over during sai
= six months interval or any part of i
- Neither can that interval be filled b
pointment. for il is not Q fortuitoy
vacancy while the justice is 10 offic'
!, but is an inter-regnum Of Legislative
e creation arising alter the justice hi
4 gone ont of Office and before another
elected II succeed him. But aside fro
and in addition to the foregoing 1 a
& clear in the opinion that tine authorii
$ undertaken to be conferred by Il
n Chapman Law to fill vacancies in Il
, official terms of Justices of the pea
is unwarrsnted by the Constitution
% IL ordsins that justices Of the pea
4 shall be elected for three years. It u
q where suggests authority or power
any psrson OF tribunal to constitu
a justice of the peace by appointmel
K under any circumstances. The Cha
J. man Law enacts that township trusts
>, in case of a vacancy in the Office of
q pointee, 80 who shall serve as justi
le until the next regular election f
l. justices of the peace. and until his su
>, cessor is elected and qualified
course this means, and can onlv mes
? vacancy occurring in the Office of
,t1 justice before his term expires al
/ not an intsr-regnum after 1t expire
,al When the three years term Of justi
of the peace expires, he ceases to be
% jnstice and becomes q private citize
He Is no longer In possession of q
If office. Therefore his death after Il
! expiI alton of his official term and
l. has become a private citizen cam
lie create a vacancy in the Office of whi,
n he has no longer possession any mo
Of than can death of any other priva
citizen. Nor can ne, by resignati'
create a vacancy in an Office of viii
y he is no longer in possession. for
* cannot re sign that which does not
a long to him. Neither can he be I
. moved frcm an Office which he does u
possess and q vacancy therein be cres
of ed by his removal. Therefore, no vaca
IN cies exist in the Office of those justic
N whose terms of three years have e
pired, which can be filled by appOir
ment. 4 S they cannot continue to no
D. and exercise their offices during The 8
lg months between the first Monday
- April and the November election. al
as 1t is not q vacancy in the Office
= any justice, for no justice has be
IL elected TO fill it, there can be NJ So
D. cessors either elected or appointed
:. those justices whose terms expired {
o. first week in April to exercise tine
ties of justice during said six mont
I'd ana the old justices whose terms ha
O. expired cannot.
Very truly,
W. 81. WEST.
III
lt Mr.. F. o. Olson. the original pr
Of moter and vice president and gener
=. ln,an.oar of he Ga.Aralx-