Free trader-journal. (Ottawa, Ill.) 1916-1920, 1917-04-07
THE LAW SAYS A
SPECIAL ELECTION
SHALL Be CALLED
wulLE AND ELECTION, WITH ITS
ATTENDANT EXPENSE HAS
BEEN AVOIDED, THE LAW ON
THE SUBJECT Is PLAIN AND
SPECIFIC.

IL
In the matter OF the selection OF q
successor of the late Judge I4ardln.
tho La Sale county board OF supe,,
Wis ors, looking probably to the mat.
ter of expense. yesterday took steps
toward filling the vacancy caused by
the death of the late jurist, which,
had they consulted proper authorities,
they would have found were oft Of
the province OF the governor, or any,
one else. so long as the laws OF the
! state remain as they are. Tha al
! pointing OF the successor Of the late
Judge Lardin Is not within the power
of tho governor, no matter how long
the.vacanacy may be filled by visiting
judges.
The law is plain and specific. II
7 may be unfortunate that the county
! willAsve to spend some $4,000 to Sc
!, lect &@snccessor Of Judge Lardin for
what must be but little over years
time. by the time the election can be
called and held, but the Trainer of the
\ law apparently did not care so much
I about expense as the board OF super
visors.
D While il Is true that the matter has
] been eyadcd in the case of the county
I. Judge '.ere and in other places by de-
lays in tho matter of calling of the
1 special election, the law in the matter
\ is plain The law does not state how
soon the governor shall icall the elecs
tion, and by dilatory tactics the plan
can apparently be continued to
I evade an election, with its attendant
\ expense. The law. however, is plain,
7 and there Is no question but an cleo
\ ton, could be forced. il this plan Is
4 adopted. should anyone so desire.
1 Tie law governing the matter of
probate judges reads as follows, and
! it Is hardly thought the governor will
: 80, so far as to set it aside, even at
the solicitation of the La Sale county
4 Board Of Supervisors.
Probate Courts. Chapter 81. Section
& 3,-The Judge of said court in each
county in which such court shall be
(. established shall be elected on Tues.
DAY next, after the first Monday in
November-and every fourth year
thereafter, and shall enter upon the
duties Of his office on the first Mon
day of December, after his selection
and shall hold his Office for the term
of four years.
Section "a. vacancy-When va
tancy shall occur in the office OF
Judge of the Probate Court, of any
county, the clerk of the court in which
the vacancy exists shall notify the
governor Of such vacancy. II the un
cxnired term OF the Office made va
cant, is less than one year, at the
timt the vacancy occurs, the govern
or rhs'' fill such vacancy by appoint
ment; Ia II the unexpired tern, ex
ccous one year, the governor shall Is
sue Il writ of election, as in other
casas of vacancy to be filled by cleo
ton.
Tn governor has power to fill the
vacancy by appointment only in case
the unexpired term is less than q
year, at the time the vacancy occurs
At the time the vacancy occurred II
this case, Judge Lardin's unexpireC
term exceeded year by abon
eight months, In such case
the vacancy cannot be filled by ap
pointment. The vacancy can be illlec
by an election only. II will do nc
good whatever to call in outside
judges to transact the business of the
court until there shall remain less
thon a year Of the unexpired term.
II we we're to have a general cleo
ton next November. it might be advis
ablc to III the place with outside
judges until such general election
and have the governor issue writ o
election for this office, to take plac,
at the time OF the fall election. but w
have no general election next Novem
Der, and as special election mus
be held to fill the vacancy, no advan
tage is gained to the county by de
ferring 1t.
Again, the law is mandatory. II
the unexpired term exceeds one yea
at the time the vacancy occurs, tn,
Governor SHALL issue a writ of cleo
ton" His duty Is pain. He must Is
I sue the writ Nothing Is to be gaine'
by p0stponing.