The Montgomery advertiser., 1904-03-19

would be impracticable. And how abou9 the terms? Under the special act they begin April {, 1908. and are for four years. The election law says nothing on that subject Are the members to be elected in November of this year to take ofiice at once, or wait until the present nieni- bers shall have served their four years7 The inextricable confusion that would manifestly result from the construction contended for by the advocates of cleo ton would seem alone sufficient to repei any intention on the part of the Legis- lature to undo by a general provision that which 1t had with particularly done at an earlier day of the same session.
 But 1t Is said that the election law provides that elections for these ofices shall be held in leach" County. and that they could not be 50 held if the oficers are appointed in any one county. This alton of the admitted general rule that . special act is not repealed by later general law In confict-the rule Is needed to be invoked only in case of conflict. And it IS said (and this is the only point that can be made in favor of the elective ideal that section $ of the election law, providing that general elections shall be held for certain designated ofices, ex- pressly excepts county solicitors whose
 
 exception in the casa Of boards of reve- nue whose members are appointive. The language Is hereinabove quoted. Section S is evidently merely declaratory of ex. isting law; that elections shall be held for certain named offices ''and such other officers as may be required by law to be elected by the people. and. in my jueg- office elective which was theretofore ap- pointive, The remaining sectiona do not mention county solicitors. Their election. except when appointive, Is provided by the act of March 6, 1908, General Acts, D. 165, ITO provide for the election of so- licitors" That act provides for the eiec- ton in November, 1924 of circuit solicl- tors and also of county solicitors other than county solicitors that may be oth- erwise provided for by law" The pro- vision to the same effect in Section %, above noted, but harmonises one general law with another general law.
 If the exception with respect to, solici- tors, and the absence of such exception with respect to boards of revenue, have effect to make the latter elective in all, cases, then, by the same rule. two ius- tices of the, peace muat be elected in "each' precinct In each county, regard 'less of the several special or local laws passed by the same Legislature abolish ing or reducing the number of justices in certain precinSts, notably. reducing to one in each of tho precincts composing the city of Montgomery Q.ocal Acts, D. 10 and abolishing them altogether in the precincts composing the city of Birmink- ham. Nocal Acts. D. 3S.) And the County of Dallas would be called upon to elect county treasurer although that office was there abolished some years ago: ''..'
 In my Judgment the provision in the election law for the election of boards of revenue has reference ohiy to such boards as were elective under existing law or such as may hereafter Oe made elective by law, and does not in any manner af- feet the local law of rMontg omery County.
 Boards of revenue are elective In Jef. ferson ana certain other counties. Hence the general statute has q field for opera. ton without affecting the local law.
 Very respectfully,
 1t Wm. l.. Martin.
 FNmnAn0. MankArAl nwnAvn