Capital journal. (Salem, Or.) 1919-1980, 1920-01-13
ing is dismissed.

Justice Johns writes the predomi-
Mating opinion with Chief Justice Me-
Bride and Justices Bean and Bennett
concurring, the latter writing special
ooncutring opinion. Justice Harris
dissents from ahe predominating opin-
ion, with Justices Benson and Burnett
ooncurring the latter In a special opin-
ion.
Olcott Holds Full Term.
The opinion of the supreme court to-
day which will be the law of the state
lrtlative to the succession OF secretary
OF state to the governorship henceforth
luntil overturned by another opinion OF
the same tribunal was brought about
lby a mandamus action instituted by
Roberts, apparently in an attempt to
compel the secretary OF state to Include
the office OF governor In the certifica-
ton of officers to be nominated at the
forthcoming primary election but real
ly In an attempt to bring forth defi-
+ mite decision on the Issue which involv-
ed the erure OF office OF "A secretary OF
STATE " no succeeds to the governorshlp
through the death or removal Of the
incumbent. Attorney General Brown
filed demurrer to the mandamus pro-
ceednRs alleging that IL did not state
sufficient cause for action.
In sustaining this demurrer the
court has spoken and by a four to three
opinion held that "a secretary of state
/ who succeeds to the governorship Is q
governor In fact TO serve for the full
unexpired term Of his predecessor
Opinion Of Court.
1T IL significant that since the rem.
q dltion OF the decision In Chadwick W.
- Earhart without an exception the an
e notators Of the code. w. Lair Hill, @
g r.. Bcllinger, w. w. Cotton and w. i
q Lord, all men Of the highest type II
4 their profession have construed thu
l. decision to mean that now, under tn
=, existing facts, Mr.. Oleott should hole
g the office of governor for the remand
is or Of the late Governor Wlthycombei
~ iunexpired tcrHi,' declares justice
N Johns In his opinion. such annota
l. tions win be found under section o
article OF the constitution In ever
le code compiled and published since tn
IN rendition Of that decision. which 70
T. thirty five years has not been disturb
O. ed.
In People Selected OicOtt.
ut ia vigorously contended that IN
- people should have an opportunity
choosing their own governor In IN
instant case they have had and exei
clsed that right Under the express pre-
visions Of the constitution, when tho
elected Mr.. Withycombe governor an
Mr. OIcott secretary Of state, the
elected Mr. Olcott 70 become goyernc
v upon the death OF Governor Wlthl
cornbe. and every voter who cast IA
Lallot for Mr.. Oicott as secretary
state legally knew that upon the deaf
Of Governor Wlthycombe the duties (
IA his office would deyolye upon the sr'
,iv rotary % state. There In no such pr
vision IN the constitution as 10 al
IN other state office. Section 10 OF art
~ Gle 8 provides that In the event OF u
IA deth or resignation OF the incumbent
-, all other offices shall be filled by a
I'd lpointnent by the governor Furthe
~ there is no provision In either Htatut
az or constitution for an election TO I
~ land unexpiEed erm Of the office of go
sr- ernor. Such proceeding would ha
~ lto he read into the constitution. wou
be based upon implied constructi'
GA only. and would oyerrule the preecde
IA lof Chadwick vs.. Earhart."
IN Term IL Four Years.
n,- Under sections ! and 7 Of article
60 of the organic law the term for whi
he governor in elected is absolutely fix
ian al four years and there Is no provisi
he lin either the statutes or constitute
for the election Of a governor for
poriicn Of an unsxpired term Hem
ron under the constitution. II govern
,. should be elected al the next genei
"a election, ne would hold office not OF
ate for The remainder II the nnexpir
yer term cf the late Governor Witbycoml
-ta- but foI a fun four year period FRI
al January. 1921. TO January. is25."
as while the line Of succession
(,xlg 9SBd 40 psuunuoof