Arizona republican., 1912-07-16

>|~s~s~>>>~~~~~~~~~~>~~~~~~~~ ~~~s~S~~~~>>~~~~~~~~o of Arizona" are employed and that Tn no other place in the constitu- l tion are the words laws of Ari- zona' used. The evident purpose of the use of the expression Jaws of Arizona" in this section was to comprehend every officer elected or to be elected either under the laws 1 or the state of Arizona or the laws 1 or the territory of Arizona Where in a statute or the consti- tuition the tenure of office is fixed
 the courts have many times held that no vacancy occurs, if the laws ! or constitution provide for their hold | ing over until their successors are elected and qualified
 In the case of Badger ct al. vs. United States, 93 U. S 599, reading i pages 601 and COP, it is said: 1 By the common law, as well as
 by the statutes of the United States,
 and the laws of most of the states. when the term of office to which
 one is elected or appointed expires, l his power to perform it's duties 1 ceases. People vs. Tilman Abb.
 Pr. 359; 90 Barb 193 This is the general rule The sys- tenn of the state of Illinois seems to he organized upon a different principle. Thus, the supreme court
 consists of seven judges. who are required to possess certain qualifi-
 cations of age and residence. and
 who are elected for the term of nine
 years Code of Illinois. 1874, D. 69,
 70), at which time it is provided
 that the term of office shall ex-
 pire.'
 Circuit judges in like manner are
 elected for term of six years. Id
 p. 71. County judges and county clerks. probate judges and states attorneys. are elected for the term of four years. Id pp T, 72
 "As to all of these officers. in- cluding judges. it is provided in the constitution of Illinois that they shall hold their offices until their 73, Sect 32 They may thus hold : their offices much longer than the terms for which they are elected. ? | In the case of Commonwealth vs Hanley. Pa. 513. the court held = d COnStllutlDlldI pEONlSlOI tIld they shall hold their offices fol : three years and unti their successors shall be duly quail . fled" that there was no vacancy .r the office. To the same effect arc : the following cases:
 State " Tallman. A Wash. 426 64 Pac 759:
 Gosman V. State, Und. Sup, 6 N. F. 349;
 s State V. Harrison, Ond Sup. Is N. E. 384:
 U State V. Howe. 25 Ohio St. 58S
 State V. Lusk, IS Mo. 334; | People " Lord, 9 Mich 226: = People V. Hilton, 37 Cal. GA People V. Edwards, 93 Cal 153 s 2S Pac S31;
 h People V. Hardy, Utah. 68. 9 = Pac- HIS;
 Eddy V. Kincaid, 2s Ore. 537 2 Al Pac. 156;
 y State V. Compson, 34 Ore 9 n 54 Pac 349;
 . Smith V. Holt 24 Kan I'll; Badger V. U. S, 93 U. s. 59. t. 23 L. ed. 991;
 Il g Cyc. 515;
 29 Cyc. 1897.
 
 e situation as all the other officer = created by the constitution. The l. were in office on the date of th d admission of the state into the LIT s ion and by virtue of Sec. $, Ar l, ticle XXI, they continue in offiC St until their successors have qualifie, d No election for such officers wa d had in December, 1911, for the res = son that the enabling act and or l. dinance No. failed to provide fC l. the election of precinct officers. Tn l. constitution having made no orc ar vision for the election of such off y. cers until the first general stat = election. precinct officers will hoi m until their successors are elected 2 ot that time and qualify.
 t, The constitutional convention fir Id ished it's work of writing the COT "a stitution on December 9th; 191 Id This instrument under the enablin re act was to be submitted to u C. people for ratification in not le: It than sixty days nor later than nine on ty days after the adjournment n- the convention that framed it. IT la returns were to be canvassed on il ed third Monday after the election. r. was provided by the enabling a' a. that if the constitution should n- rejected, the governor should recOl te vene the constitutional conventio