The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1906-03-30


limit the terms of the treasurer and
sheriff, and yet the matter is left full of
doubt. Besides limiting the county
treasurer, the constitution also limits the
state treasurer in still different words, as
follows: "But no person shall be elligl-
bic to the Office of treasurer for more
than two consecutive terms 4" This
would seem to be clearer than either Of
the above, but would come nearer COW
erins the case if the author had added
paragraph to the effect that an appoint
ment which covered more than one-haf
of term should be considered as
term, or that appointments for partial
terms should not be considered.
Uuder the constitutional limit of four
years mot terms), we have still another
queer complication. Under the statute
all officers take Offices the first Monday
in January. But the first Monday in Jam
uary four years apart might occur so as
to add almost a week longer than the
constitutional limit of the terms. Query,
who will be sheriff and treasurer for that
week?
Section 353 of the 1897 code says that
"but if the Office for which he was elect
ed was vacant at the time of election, al
though he was not elected to fill such va
cancy, he shall forthwith qualify and
fl,o &c
the treasurer-elect took possession un-
der this law in November, as might be-,
when would his official term close? In
four years?
We are not trying to make these
things agree, because they don't agree.
There's clear mixture all around.
Perhaps, the next legislature may get
wise and either repeal these laws, or,
make them sensible and then apply to
all county Offices, though it will take a
constitutional amendment to do either.
1t ought to be repealed.
JUDGE CORLISS' OPINION
Since writing the above editorial, we
have been shown legal opinion from
Judge Guy c. H. Corliss of Grand Forks,
late OF the Supreme court of this state,
i'll which, after discussing the law as Civ
en- in the constitution and in the statute
as we have quoted, he thinks that the
statute, as enacted by the legislature,
acts as an interpreter of the real meaning
of the constitutional limit of four years,
which is two full terms.
He closes his opinion in the following
language: "In my opinion the fact that
you served part of term by appoint
ment to fill vacancy does not dsqual-
lfy you from taking two successive terms
thereafter by election"
Gwen if this view be wrong, the con-
stitution clearly gives you the right to
hold the Office for four years and you
certainly could qualify and hold until
October 29th, 1907. But the law does
not contemplate that there shall be an
election of treasurer Tor only part of a
term. 1t contemplates that he shall be
elected for the full term of two years,
and, inasmuch as you have an undoubt-
ed right to be elected and hold until
October 29th, 1907, it must follow that
you have the right to be elected not only
for that period of time. but for the full
term Of two years."
MIR. Anderson also has an opinion from
the attorney general of the state to the
same effect.
We understand that in the light OF
these opinions, Mr.. Anderson believes
that he is eligible for another term and
will shortly ask the people to endorse
him as a candidate at the ensuing prim-
ary election.
Given ten cent magazine, an un-
scrupulous publisher, sensational auth
or VS. any public man, and the public
man can't dlsprove libellous statements