The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1904-12-23

q N IdHNilA next HuCf teolng his Clut
: ton and be being elected for ful
{ term ! think by implication at least
{ the torn voali be held lc lie for twr
years
There being 40 special irovisioi
that he shcula hold until his SUE ecesso
is elected and qualified we then ar
rive at the question as to whether OF
not his term 81 Office reremptorily ex
pires by Implied Imitation at the END
of two years next succeeding The first
Monday Of January after his election
Upon this proposition am Of the opin
ion that 10 The absence Of any restric
lion or prohibition tc the ehect that
an office' should not ho,a for longer
period thaa two years. or that his tern
SHOULD commence on certain uay and
end on a cerrotn Jay that the inien-
lion OF the law is that he shall continue
to occupy his office and discharge It's
functions until his successor is duly
elected and qualified While It. Is true
that IN many instances. out Of an
abundance Of caution. the legislature
has aided to the tenn OF onite hSed
for pIbl'c Officers. the expression
until their Successors are elected ard
qualified YET in my Judgment. this Is
merely aeclaratory Of what the law
already is IN the absence cf restric.
tion lin. ting the tenure Of oniee TO q
certain le6ned period In ri lor on
Municins. C3froraiions we fra tho
rule lall down very clearly ami in sub
stance as follows
Where in charicr or organic
law Of a corporation there Is an Ok.
press or taplisl restriction u, on Tie
time OF holding ctfice. rs that the OF.
fcers shall be annually electrd on q
particular lay anl that they shall hold
from cne election lay until the next
or that hey shall be elected cor thc I
year ensuing OILY. in such care they
cannot mold over beyond the next cleo .
tion day or the end OF the year. But.
where by the constitution Of a corpora
lion, the officers are elected for term
and until tEeir successors arc elected
and qualified, or whore they are elect
ed Tor the year ensuing and the charter
Dr organic lar contains 10 restrictive
clause tho officers may continue to
hold an exercise their offices after
The expiration Of year. until they
are sucerceded by the election Of 9TH
er persons in their places
HAVING determined the proposition
hat probate Judge IS entitled to
hold over until his successor is elect.
I'd AID qualiree. ! then pass to the :
question as to whether or not the
act 'ha. L. r. Cowan vas duly elected .
IS the successor Cf the said Richard
Billups bnt died before entering !
lpon the duties Of said office. creates ]
vacancy a said office which should l
'e filled in any manner. a
Section 6, under the title OF officers a
bove quoted. reads in part as follows. ,
Every Office shall become vacant [
N tho happening Of either Of The fol- c
owing events hefore the expiration of Y
he term oi gich office. (al The death c
{ the incuirbent or his resignation 1
b. Fits removal from office or failure a
0 quality as required by law. (cj =
lis ceasing to be resident Of the
erritory. district. county township 4
r road district in which the duties OF Il
is office are to he exercised or for is
.hioh he NAV have been elect, d. etc p
AT the time OF rhe death of the G
all Cowan Richard A. Biuups was
ill the duly elected aad qualified and s.
citing probate Judge Of Washis coun- a
His term Of office had not yet l.
Spired. Tue term Of office of the
aid cowan had he lived could not q
ave commenced prior TO the first Ii
Iondoy IN January, 1905, and the time "
Sed for his qualification as probate II
idge is axed Dy secti,n 2 of the b
hapter on Officers which reads as b
blows "
Except where Otherwise specially D
rovided, all territorial, district. coun- C.
:, township and road district Officers s,
hall qualify and enter upon the du. o
es Of their office on the first Mon. y
ay OF January succeeding their cleo Il
on, or within Ten days thereafter q
"Has the office Of probate judge h
eeome, ar will It become. vacant by o
eason OF one OF the provisions Of sec. O
on above quotei? The only one s.
hich coul be considered Is tha II
'hioh is provided in suh division (a)
ME daalh y the inchn hal.tI Nrnu.