The true Democrat. [volume] (Bayou Sara [La.]) 1892-1928, 1915-04-17
YOUNG OUSTED BY
SUPREME COURT

r. N. Sims is the legitimate bank
examiner Of Louisiana. So the supreme
court decided Monday morning, Judge
ONiell being the organ of the court in
the case Of State and r. N. Sims vs.
William L. Young, the judgment read.
ing:
"The judgment appealed from is an.
nulled and reversed, and 1t Is adjudged
and decreed that the plaintiff, r. N.
Sims, was legally appointed examiner
OF state banks on the 9Th day Of Jan
uary, 1915, and is entitled to possession
of the Office, defendant to pay the costs
in both courts"
The question involved was whether
the expiration Of the term of the bank
examiner necessarily created o Va
cancy. Governor Hall 30 thought and
appointed Mr.. Sims. Mr.. Young, the
incumbent, contested the appointment.
The lower court held with Mr.. Young.
but the supreme court maintained that
a vacancy had been created.
The syllabus of the findings In the
case, in which all five judges Of the
court concurred, reads:
"1) When a statute, putting into ef-
feet an article Of the constitution that
provided for an appointive Office and
fixed the term at four years, declares
that the appointee shall serve for
term of four years from the date Of his
induction into Office, it fixes the begin.
ming of the term of Office. And the
date of the induction into Office of the
first appointee determines the limits Of
the terms of the succeeding appointee;
so that one who is appointed during
term of Office is only appointed for the
unexpired portion of the term.
"(2) The term of an Office, as flxed In
the constitution or statute creating the
Office, is not to be confused with the
tenure of an officer, and is not affected
by the~holding over Of an incumbent
beyond the expiration Of the term for
which he was appointed.
"(3) The length of the term OF Office
is fixed by an article of the constitu.
ton, it being left to the legislature
merely to define the duties and fix the
compensation of the officer, and an act
is thereafter passed, putting the arti.
cles of the constitution into effect and
fixing the date of the beginning Of the
term of Office, the legislature cannot
thereafter alter the length Of the term
by adopting a statute purporting to
give effect to the article of the consti.
tuition, ignoring the fact that it had
already been put into effect.
go The expiration Of the term Of
an appointive Office causes a vacancy
which the governor may fill by appoint.
ment during a recess Of the senate.
"(5) The right of an officer whose
term has expired during recess OF
the senate, to continue to discharge
the duties Of the Office until his sue
cessor is indicted into office. cannot In
terfere with the authority Of the gov
ernor to appoint his successor, nor
with the right of the successor to be
indicted into Office as soon as he has
taken the oath and qualified in the
manner required by law.
"(6) One who Is appointed to all .
vacancy caused by the expiration Of o
term Of Office during a recess Of the
senate is not required to wait until the
senate meets and confirms his appoint
ment, but may enter upon the discharge
of his official duties as soon as he has
taken the oath and qualified In the
manner required by law"