The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1907-11-29
MAYOR-ELECT HAS
APPOINTMENT OF
CITY TREASURER
Many Requests Being Made
That Successor Be Named,
Who Will Put Mr.. Dorian in
as Deputy Until Special Elec-
ton May be Held.
THE LAW SEEMS TO BE PLAIN

While there seems TO be a general
concurrence in the opinion that Sec
ton 100 of the constitution, provid-
ing that mo fiscal officer of any city
of the first or second class after the
Expiration of the term of Office to
which he shall have been elected I'M
der this constitution, shall be elected
to the succeeding term disqualifes
City Treasurer j. j. Dorian from
holding Office another term, It is
generally believed that there will be
vacancy in the Office January 1, and
that Mayor-elect james p. Smith
will appoint some one nOminally city
treasurer, who will name Mr.. Dorian
deputy and allow him TO draw the
salary and conduct the Office There
can be no city election next year on
account of the congressional election,
so the appointee would hold for two
years, when Mr.. Dorian probably
would be eligible as a candidate for
the remainder Of the term.
Information concerning the DIS
qualification came to light during a
study of the laws relating to the sue
cessibn to the office of city jailer, in
which there will be a vacancy Jan
uary 1, on account of the death of
Samuel Beadles, city jailer-elect.
Several officials were disqualified
when the city went into the second
class. Mayor Yeiser's right being con-
tested and Jesse Gilbert, city attor-
ney. being disqualified, at the time
Mayor Yeiser appointed Tom Harri-
son to NIL the vacancy. It seems odd
that no one had noticed this provis-
ion. -''.
The Law.
Attorney Hal COrbett expressed the
off-hand opinion today that there
will be a vacancy in the treasurer's
Office to be filled by the mayor. He
stated that he had not made any eN.
haustive study Of the law on the sub
iect, but he cited the following pro-
vision in the statutes
"The term vacancy in Office, or
any equivalent phase, under this
article, means such as exists when
there is an unexpired part of a term
of Office without a lawful incumbent
therein, or when the person elected
or appointed to an Office fails to
qualify according to law, or when
there has been no election to fill the
office at the time appointed by law.
II applies whether the VACANCY is oc-
casioned by death. resignation, re-
moval from the state or county or
district or otherwise. section 1921.
Kentucky statutes.
'If the unexpired term will end at
the next succeeding annual election
at which either city, town. county,
district or state officers are to be
elected. the Office shall be filed by
appointment for the remainder of the
term. If the unevnired term will not
end at the next succeeding annual
election at which either city, town,
county, district or state offices are
to be elected, and If three months in
tervene before said succeeding an
nual election at which either city
town, county. district or state officers
are to be elected, the office shall be
filed by appointment until said
election and then said vacancy shall
be filled by election for the remain
der of the term. Section 1922
Kentucky statutes.
Under the first provision a sylla
bus in the case of Howes VS. Perry,
92 KY, 260. says: "one who has not
received either a majority or plu-
rality of the votes cast is not en-
titled to Office"
To Appoint Dorian Deputy.
Mayor-elect James P. Smith, when
seen today, said:
at is my opinion, based on pretty
good authority, that Capt. William
Kraus is not elected by the alleged
disqualification of Mr.. Dorian. If
Mr.. Dorian is disqualified, then there
will be a vacancy in January, which
It will be my duty to fill, until an
election can be held. OF course,
this thing coming on me so suddenly,
I cannot say what shall do. |
shall do whatever seems best and in
conformity with the will and desire
of the people of Paducah. l don't
mind telling you, however. that
have been dmportuned by a number
of people to appoint someone city
treasurer. who will name Mr.. Dorian
his deputy. thus allowing him TO re-
main as a matter Of fact In the Office
lmntil an election. at which time he