The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1908-11-26
TWO OUT DEC. /
And One Holds Until Next Septem-
ber is Opinion of Atty. D. E. Dan
iaIs Regarding Terms of County
Commissioners.

In the midst of the discussion as
to when the terms of the county COM
missioners expire Attorney d. L. DAN
iels, associated with Prosecutor-elect
Charles Krichbaum, submits the fol-
lowing opinion which differs from 9TH
ers which have been submitted.
The tangle in the terms of county
commissioners has it's solution in the
constitution rather than the statutes
By the adoption on November 7,
1905, of article XVII as an amend
ment of the state constitution, the
people definitely decided some things,
and empowered the legislature to do
what was necessary to carry those
things into effect
1t was provided by that amendment
first, that county commissioners
should be elected in the even num-
bered years, to hold office for an even
number of years not exceeding four
az; second, that commissioners hold
ing office when the amendment was
adopted should hold such Office for
the full term for which they were
elected and until their successors were
elected and qualified as provided by
law.
The general assembly was given
power to fix the terms of Office of coun-
ty commissioners, and the time when
those terms would begin.
To the general assembly was also
given the power to extend existing
terms only so far as it was necessary
to the incumbency of those Offices un-
til their successors could be elected
in even numbered years
Beyond this point the general as
sembly had no power to extend any
term of Office.
The supreme court has held that a
commissioner elected on November T.
1905, the day the amendment was
adopted, was elected for the term
provided by the law existing at that
time" (73 o. S. 305). The term
the law at that time was three years
On April 2, 1906, the general as
sembly, acting under the authority
conferred by this amendment, extend
ed or attempted to extend existing
terms of county commissioners, which
would otherwise expire in an even
numbered year, to the third Monday
of September of the following year.
This act, so far as it operased to
carry the constitutional amendment
into effect, was valid, and no farther
The general assembly further pro-
vided in the same act that the board
of county commissioners shall consist
of three persons to be elected BIZ
ennially, who shall hold office for two
years beginning on the first day Of
December next after their election,
and that such election should be held
in the even numbered years as pro-
vided in the constitutional amend
ment.
These are the provisions controlling
the terms of county commissioners
Applying these provisions to our local
situation. We arrive at the following
results:
Mr.. Hay was an elective oficer hold
ing office when the amendment was
adopted, and was guaranteed his full
term of three years by the amendment
itself.
The legislature having fixed the
beginning of the term of his successor
for December 1, 1908, and the regu-
lar biennial elections for commissioner
having been fixed by the constitution
for that even numbered year, it was
only competent for the legislature to
extend his term from the third Mon
day Of September, 1908, to December
/, 1908, The. attempt to extend his
term beyond that date was without
constitutional authority.
Mr., Hays term, by election and au-
thorized extension, will, then, expire
December !. 1908.
MI Burnheimer was elected the day