Mountain advocate., 1911-10-13
mo VACANCY
Acknowledgement Breath
lit Writes Opinion
Concerning Commonwesith's
Attorneys once In
This District

S was in Williamsburg two weeks az
when the various candidates ~
nounced. and upon iequest has writ
ten the following opinion which W
herewith publish in foil.
at appears that the pre,ent Con
monwealth's Attorrsy, Mr.. Snyder
was elected in the old Goth Judicis
District, which included Knox an.
Whitley Counties. new conposins
the 34th Judicial District. asd which
latter district was created by th,
Act Of the General Assembly OF ID,
Commonwealth. Acts Of 1910. chap
Ter 20. page II. This act provides
that:
"The Hon. Joseph 3. ;Snyder. OF
Whitley County. Kentucky. q,
present Common weslthss Attorney
for the 26,h Judicial District. shall
I've for the remainder of the ters,
for which he was elected, Com;
mcnwral,bs Attorney Of the 34,L
Judicial District consisting Of TIE
counties of Knox add Whitley g.
created bv this act"
ut is quite evident that the Geo.
erai Assembly would not have the
power. under the coastitstion Of the
STATE, to legislate an officer out Of
his Office during the term for which
he was elected. While the LeHisla.
ture might abolish the o&cs' Of
Commonwealth Attorney. until
that office has been abolished the
Legislature would have no power to
turn an officer out during the term
for which he was elected. II ~ act
should have that effect. i would be
plainly unconstitutional, 20 Ear - it
affected the rights of the oilcers Thea
in commission and acting IN the die
trict as established at the time Of
the passage Of the new act.
For this reason the Legislature 10
its wisdom undertook TO cay, aud
did say that the term ofths Com
monwealth's Attorney al the 2Sth
Judicial District should not be sxest.
ed by the creation Of the ssv dis
trict. but he should simply Be eoass-
ed, in the performances Of his OF
cial duties. to the two cAuntios com
posing the new or 34th District.
think the case Of Field W State
Board of Election Csmuissiose =.
settled the question: The fae,s in
that case were very siplar. and
identical with the facts ia the Ssydsv
case. The court said. 10 passing on
the question of a vacancy. that:
"rhere was no vacancy in the Of
fee of Commonwealth Attorney
for the 33rd Judicial District to be
filed at the November elsctiou 1907.
because Field could sot b legislator
ont of the office Of conmen wealth.
by the act creating the
.gistrict Second, that the maine al
Eversole was not properly plscei
upon the ballot. For which reason
the election as to the oEce Of Com,
monwes Attorusy iashs distrie'
under qu "a was void"
The case Of Adams ". Roberts. re,
ported in 18th Ky. Law. Reported
1910, also throws somsliaht on tti
question. while the tscss we're 90,
precisely the sane ssahess ss6f'
consideration. In that caeo A@sDe
raised in Magof6n eo~isy. ed Ne
Coffin was cut of asd placed IL ~
other district, Thereafter AdAp,
moved into Lee eonnt y. vAIek ws;
in the old distriet Z: .s ;s =s:Ss hs We
elected Commouwesith's Attorsey
do not consider. however,. his re
movsl into the district - being tn
decisive point in the case. ! thisl
his rights were constitutional. ant
that he could not have bssa dePrivs'
of the emoluments Of the ef6ss. 10
Of the Office. by ressoa OF say chang