The comet. (Johnson City, Tenn.) 1884-1916, 1910-11-24
MORE CONTEST LAW.

= ly set forth a sort of resume of the Law
applicable and involved in the rumor
ed contests over different offices arising
out of the authorized attempt to elect 9
member to fill out Mr.. Brownlow's un-
expired term in congress, and since
that time reports of criticisms of the
position then taken have been brought
in. 1t is the purpose now to state
some of those criticisms, and then give
the reply as viewed from The Comets
standpoint.
1t is contended first that under the
terms of Section 116O, Shannon's Code
of Tennessee, where special elections
are required to be held "When va
cancy occurs in the Office of representa-
tive in congress, by which the state
will be deprived of its full representa-
ton at any time congress may be in
session prior to the next general elec-
ton for that office" excludes the idea
or the cry by necessary implication
that such an election is special if held
on the day of the general elections, and
that the holding of the same on the day
of the general election obviates the
necessity of issuing writs, making pro-
cIamation and publishing the same as
required by the constitution of the
United States, and different statutory
provisions in the Tennessee Code.
To get at proper understanding of
how elections to fill vacancies have
been treated in Tennessee, no matter
whether held on a special date or on
the day of the general election, it is on
ly necessary to trace the matter from
the state constitution through series
of statutes. The constitution Of Tennes-
see, Art. 7, Sec. 5, provides that the
regular election for judicial and other
civil officers shall be held on the first
Thursday in August, next preceding
the expiration of their respective terms
of office. A Judge is elected for eight
years, or in case of a vacancy, to fill
out the unexpired portion of an eight
year term. And in case Of vacancy
in the office of judge or attorney gen.
eral, this section of the constitution ex-
pressly provides that "No special cleo
ton shall be held to fill vacancy in
the office of judge or district attorney,
but at the time herein fixed for the
biennial election of civil officers; and
such vacancy shall be filled at the next
biennial election recurring more than
thirty days after the vacancy occurs"
So here we have by constitutional
definition that an election to fill va
cancy in the office of judge or district
attorney which cannot be held on any
other day than the day of the regular
August election, and the holding of
which is made mandatory on that day
just as much as those offices nominal.
ed to be elected generally on that day,
and yet such an election to fill such a |
vacancy is deemed and treated as a
special election. And notwithstanding
that the constitution gives notice that
such an election TO fill vacancy must
be held on the day of the general cleo
ton and can be held on no other day,
which is madatory provision, still,
the law makers of the state, following
the theory that an election to fill va {
cancy is essentially special election
no matter when held, have provided ;
for the issuance of writs of election, '
etc.
Sections 1871 to 1884, inclusive, of {
Code of Tennessee, deal {
with such notice. Section 1881 says, !
"Whenever vacancy, either by death, S
or removal shall occur in |
the office of judge of the supreme |
court, circuit judge or chancellor, or J
Judge of a criminal court, or judge of ,
special court of equal dignity with cir q
cuit and chancery courts, the vacancy !
in such Office shall be filed by the e
qualified voters of the whole state for S
supreme judges, and of such judicial t
district for the other judges, at the t
next biennial election in August, oc-
CURING more than thirty days after b
such yacancy--," and then in the
section OF the code Immediately follow d
ing it provides that "The governor o
shall order the election by issuing q
proper writs of election, giving notice q
t.u.a.f ., A.d che cant long Tn, .adiota | h