Weekly journal-miner., 1912-03-06


 Baltimore convention
 territorial officer, they certainly char. acterize the said officer as one or both, and SO make certain the effect of Section c of Article XXI of the constitution cited, which says, "all territorial and county officers shall hold their respective offices until their successors shall have qualified" mark the language "shall have qualified not until their successors shall have been elected and qualified, but simp. ly qualified, regardless of the manner by which the officer was chosen, wheth. CT. by election or appointment. This phraseology of said Section G, to- gether with that of section r, above cited, clearly shows the intent and purpose of the makers of the consti. tuition to continue notarics public of the territory as such, to the end of their terms of office under the state organization.
 The authority of judicial determina. tion is not wanting in support of the foregoing conclusion, under consti- tutional provisions relating to the subject. In the case of nctaries public. Tn the matter of House Bill l66, etc., TX Colorado Reports CPS (S. C. 2l Pac. R. 473) the question was raised as to whether or not wom- en could be appointed notaries public by legislative enactment, in view of Section 10 of Article XIV of the Colorado constitution, which provides that "No person shall be eligible to any county office unless he be a quail. fled elector, etc." and it was decided by the supreme Court of Colorado, that such a law was unconstitutional for the reason that "A notary public, while holding office by appointment of the Governor, can exercise the functions thereof only in the county for which he is appointed and in this sense was Q county officer, and a woman not being an elector, could not hold the office of notary public," citing Hill vs. Bacon 43 IT,, R. AT, Section ls6 of the revised ktatutes of Arizona, 1901, provides that notaries public shall reside in the county for which they are appointed and shall not have jurisdiction outside of the county in which they reside at the time of their appointment, thus mak. ing notaries public county officers in Arizona.
 IL is thus plainly seen, from judi cial determination, that under the territorial regime, as well as under that of the state, notaries public, at all events, were, and are, county off. eers in Arizona and as such, at least, hold their offices until the end of their respective official terms under the Section of the constitution cited. 1
 The United States Supreme Court in the case of United State vs. Hall, l3i Y. <. Repts. l3l, decided that a | notary public was a state officer, and the supreme court of Louisiana, in | the ease of state vs. Percy, La. Ann. Repts. 2s2, eonstruing section IA of Title TX of the constitution of La. of | ls45 which made provision for the of officers similar 10 those of the constitution of Arizona, cited, decided, that notaries public, appointed prior to the time when the new constitution of ls45 went into effect, held over for years, under he new constitution, the new eonsti. iution limiting all official terms to Tour years duration.
 Can the Governor appoint John Doe, Sho was appointed notary public under he territorial regime, and whose term 'f office has not expired, . notary