The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1910-01-21

-AAA 4hA0AAtru HlcuL, ana Nudl dppolut
ment was ratified by the regular mex
ensuing term II the quarterly court.
Z, vas held that there was no constI
tutional or statutory provision for the
filling Of such a vacancy by the jus
tices Of the county or By the quarterly
court; but that Sec. Sl2 of the Code
expressly directed TO order elections
70 fill such vacancies. After discuss
ing the two cases above referred to, it
is said that while county judges are
county officers in one sense, yet, new
ertheless they are judges: and. at
page 4S7. it is said:
4 We are. by no means prepared to
say that they must be elassed, for all
purposes, as county officers as contra
distinguished from judicial oficers."
There is nothing in the opinion that
I is inconsistent with the holding in
Moore VS.. State or in Saffrons VS..
Ericsson, supra.
The latest case is that OF State, Ell
rel. Pickett VS. Mckee Lea "a.
Pickett was "5unty Judge of Hamil-
ton County. BY section Of the Re
vised Code, it IS provided that the
judge should receive $4,000 per an
mum, and that the quarterly court was
authorized to make additional COM
pensation to him if they think neces-
sary.
About s months after Pickett had /
been elected county judge, the quar-
terly court voted him an extra COM |
pensation of $4,000, and a similar
compensation was voted him every |
year for years. Thereafter the court !
refused to vote this extra compensa-
ton, and he sued to recover it, claim
ing that the first appropriation related
back to his election, and that, by vir-
tue of Sec. of Art. of the constitu-
ton, his salary could not be dimin-
ished during the time for which he
was elected. This section of the con-
(of 1870 has no reference to
the eligibility of judges. 1t was held,
Judge Cooper delivering the opinion,
that Pickett was not entitled to de- {
mand the $500 90 extra compensation {
Tor the remaining two Years of his
.erm. c
Incidentally, and as a dictum, it t
vas said that the county Judge was, a
10 doubt an inferior judge within the t
meaning of the constitution, (Sec n
lot Sec. of Art g. so far as he is
clothed with judicial power, and that il
lis salary in that capacity was fixed S
" the Act under which he was elect fl
ID, and could not be increased or di- 0
for which he was elected. ii
n other words, he was so far Judge Il
hat his salary, under Sec. Z of Art. 6 b
+ the constitution, could not be in D
reased or diminished during the term p
Or which he was elected. 1t was ad in
ed, however, at page % of the opin- d.
IN that the county Judge was the ID
counting officer and general agent c.
f the county. to
A careful reading of the last two
/ them conflicts with the first two &c
asses wherein it was expressly held VI
lat a county judge is not one of the el
lferior judges within the meaning of tn
&c. 4 of Art of the constitution, or be
lther of the similar provision of the
institution of 1884.
Section $3.50 of Shannon's Code (Act
1885 provides that The Judges
Id Chancellors shall have inter
and concurrent jurisdiction
grant injunctions' &C Should any to
well-informed lawyer Sc m.
ously insist that the word Judges Nj
this statute included County an
dges? co
Sec. 10 of Art. 6 of our constitution loo
DIVIDES that the judges or justices of We
ferior courts of law and equity shall me
we power in all civil cases to issue of
its of certiorari'' &C. CO
1t has never been supposed that PR
unity judges were embraced within Ny
e provisions of that Section of our the
Institution. the
Sec. 1857 is but a statutory enact ry
ent of that provision 1t has never ira
en- sought, so far as / can learn, to to
tend such powers to county judges. spt
But let us concede, for the purpose An
argument, that the County Judge Gre
Maury comes strictly within the res
DIVISIONS of Sec 4 of Art. of the eye
esent constitution of Tennessee, yet |
I'M of opinion, under the facts, that tina
u are clearly eligible to that office. cal
The word Resident as used in is
It Section is clearly and demonstra- yor
equivalent to the citizenship or has
nicile of the candidate Suppose a tiol
son who had never had his citizen mo