The citizen. (Honesdale, Pa.) 1908-1914, 1910-04-20
ATTY GENERAL
CITES THE LAW
JUDGES SERVE UNTIL 1912
Question of the Election. of Jurists
At Coming November Election
Reviewed In Able Opinion.

The following letter from Attor-
ney General Todd sheds considerable
light on the mooted question as to
whether Judges of the Court OF
Common Pleas may be chosen at
the general election to be held in
November.
Office of the Attorney General,
Harrisburg, Pa, March 81, 1910.
Hon. Robert McAfee,
Secretary of the Commonwealth
Harrisburg. Pa.
Sir:
| have your letter of the 18th
inst, enclosing a letter of Hon.
Alonzo T. Searle, of the 10th inst.
to Governor Stuart. and l note you
request my opinion on the follow
ing questions:
l. VIII the terms of Judges of the
Courts of Common Pleas who were
appointed to fill vacancies, and
whose commissions expire on the
first Monday of January, 1911, be
extended for one year from that
date of the constitutional amend
ments and schedule of 1903; and,
if so, should such judges be recon-
missioned for an additional year?
2. Can the Office of Judge of the
Court of Common Pleas, now held
by Judges under appointment of
the Governor, whose commissions
expire on the first Monday of Janu-
airy, 1911, be filled by the election
of judges at the General Election
in November, 1910?
| understand that Judge Searle
was appointed on September Is,
1903, and commissioned until the
first Monday of January, 1911. The
amendments to the constitution that
were adopted at the election held
November 2. 1909, which are peril
nent to the questions you PROFOUND,
are as follows:
Amendment Five, to Article
Eight, Section Two, provides that
the general elections shall be held
biennially on the Tuesday next fol-
lowing the first Monday of Novem-
ber in each even numbered year.
Amendment Six, to Article Eight,
Section Three, provides that the
municipal elections shall be held on
the Tuesday next following the first
Monday of November in each odd
numbered year. This is supple
mented by a provision in the sched-
ule that, in the year 1910, the NUM-
cipal election shall be held on the
third Tuesday of February as
heretofore.
Amendment Eight, to Article
Twelve, Section One, provides that
election of State officers shall be
held on a general election day, and
that elections of local officers shall
be held on a municipal election
day, except when, in either case,
special elections may be required
to fill unexpired terms.
Amendment Six, to Article Eight, /
Section Three, provides that all
elections for judges of the courts
of the several judicial districts, and
for county, city, ward, borough and |.
township officers for regular terms |
of service, shall be held on the
municipal election day; namely, the (.
next Tuesday following the first
Monday of November in each odd (
numbered year.
The schedule provides that all /
judges of the courts for the several |
judicial districts, and also all county ,
officers holding office at the date of /,
the approval of these amendments, I
whose terms of Office may end in .
the year one thousand nine hundred /
and eleven, shall continue to hold (
their offices until the first Monday
of January, one thousand nine hun |
dred and twelve.
The effect of these amendments .
Continued on Page 81