The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1904-04-22
Bellefuntaine. Ohio. April 10. 1904

Bellefunsaine. Ohio, April 10. 1904. |
Mr.. E. p. Chamberlin, Prosecuting |
Attorney.
Sir:-Complying with your request. |
The following respecting the effect of
the Chapman Law on Justices OF The
Peace, is here submitted
The Constitution OF 1902 and that of
1851 contain the following provisions,
1s02-Art. Ill. Sec. II. "A compet-
ent number Of Justices Of the Peace
shall be elected by the quail tied cleo
tors, in each township. in the several
and shall continue in office
three years
1s5l-Art ~, Sec. Q. "a competent
number of Justices Of the Peace shall
be ele,ted by the electors. in each
in the several counties.
Their term of Office shall be three
years-
The sense and meaning of these
provisions are not different. During
the first ninety years Of the state Gov
eminent. it was supposed that the
death, resignation. removal from Office
or removal from the township by JUS
tice. extinguished his official term. and
a new election was held and another
Justice elected for the like term of
three years II was not supposed that
o vacancy in his term was thereby
created. which could be filed by ap-
poinrment In 1895. the following was
enacted, R. s. 5S7 ''when a vacancy
occurs In the oifice of the justice Of the
peace. in any township in the state,
either by death. removal from the
township. or absence for the space of
six months. resignation, refusal to serve
or otherwise. the trustees. having
notice thereof. shall. within ten days
from and after such notice. fill such
vacancy by appointing a suitable and
qualified resident OF the township who
shall serve as justice, until the next
regular election for justices Of the
peace, and until his successor is elect
ed and qualified; and majority vote
Of the trustees shall be sufficient to sp-
point At the next regular election
some suitable person shall be elected
Justice in the regular way to fill the
unexpired term, II any, of the JUS
tice originally elected to such Office.
This section is carried into the Chap
man Law so changed as to read, ''st
the next regular election. some suit
able person shall be elected in the
manner provided by law. for the term
of three years -
Rev. Stat 5Sl. Every justice Of
the peace. when commissioned. shall,
in thirty days thereafter, transmit tn,
date thereof to the clerk of the town
ship. who shall make on entry thereof
in book by him to be provided fol
that purpose. and before the first dsy
Of February of each year. the CLERK
shall give a written notice to the trus
tees. of all commissions expiring with
in twelve months after the first day ol
April following and the date when escl
Justices commission shall expire, ant
the trustees on receiving such notice,
shall notify the electors Of each town
ship to elect at the next regular sprinl
election thereafter justice of the peas,
to fill each such vacancy in the man
ner pointed out in Section 567. 1" Thi,
section is also carried into the Chap
man Law. only changing February
to September; First day of April
to First day of November and
''spring election" to November cleo
ton
Five years having elapsed since al
justices were required to be elected al
this spring election and as the term oi
each is only three years. it is presuma
BILE that all Justices now in Office wer,
elected ut April election; that the term,
of those elected in April 1901 have now
expired in this April. 1904; that tbs
terms Of those elected in 1912. will ex
pire in April, 1905; and that the term,
of those elected In 1903. will expire IN
Apr. 1905. II is very apparent that as nc
successor to those justices whose term:
have expired this April. can be elect
ed until November. 1904. an interval
or inter-regnum of six months mus
intervene between the expiration oI
their terms and the election of theil
successors. during which time theil
Offices will be without incumbent,
qualified TO discharge the duties there
of unless the justices whose term hs;
expired in April. 1904. are authorized
and entitled to hold and discharge theiI
duties until successors are elected and
qualified in November, or the said in.
terval or inter-regnum can be lawfully
filed by appointment They can neith-
er hold over after the expiration OF
their three yeau' terms nor can the
sAid interval Of six months or any