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

ling opinion Of the court Justice Harri
contends that the governing facts il
the case Of Chadwick ". Earhart, up
on which the opinion Of Justice John
is based, are materially different from
the controlling facts in the instan
case"
Harrls Dlssents.
IN the Chadwick case" Harris de-
clares. the only question for decision
was whether Chadwick who had beer
elected secretary Of state should holc
the cffice of governor during the briei
period of two days which intervened
between the end Of his term as secre.
tary of state and the Inauguration Of
Ian elected governor. Here the ques-
tion Is whether Ben W Olcott whose
term IS secretary Of state viii end on
the first Monday in January, 1921, can
hold the office of governor for period
of two years after the end Of his term
as secretary of state. in spite Of the
fact that here viii be a regular bi-en-
NAL efyeion in November 1920, as well
ernor had in truth been elected. while
here 70 governor has yet been elected;
there the only question which was de-
cided was that the secretary Of state
could hold the office Of governor until
an elected governor could be inaugu-
rated while here il Is conceded that the
secretary Of state can hold the office
If "a M ali
can be inauguratcd; there a governor
was elected at the very first election
occurring after the office Of governor
became vacant while here no governor
has yet been elected there the court
vas rot calld upon 10 decide when
governor could be elected while here
nat ~ the sole question for decision
Takes Contrary View.
Since the Chadwick case does not
lecide or attempt TO decide when
GOVERNOR can be elected our inyestiga-
ION and decision Of the question pre-.
cn'ed here Is unhampered and uncon.
rolled by any prior adjudication and
therefore, we must first look to the |
constitution itself and see whether 1t !
ellis us when he governor is to be elect. i
d. Upon turning 10 that instrument |
7e find that article section 4 tells !
IS that the governor shall be elected |
" the qualified electors of the state al |
he time and places Of choosing mem
ers of the legislative assembly, and !
pom further investigation we find that
'ovenber. 1920 Is the time when and |
otlns places throughout the state are
he place whore the qualigled electors
( the state will choose members of the !
'glslatiVe assembly
Tho constitution does not state in
ypress terms, nor does 1t impliedly
", that a governor cannot be elected
tie next election and therefor we
lnst, on that account. ascertain what
le general rules of law are, The rule
J his Jurisdiction has always been that
hen mn elective office becomes vacant
he legal voters have the right in the
bsence of statute N the contrary,
the mex election, II here be sufficient
me TO make use of the election ma,
lincry. TO elect some person to the
'fice This rule has been enforced
Y the court in previous cases and OBJ
rived by the voters notably when Ben
C'cott was appointed secretary OF
ate 90 fill a vacancy caused by the
'ath OF Frank W Benson.
Applying the general rule which
lyerns elective offices we are then
'ouGht to the conclusion that the lagal
,ters are entitled to elect governor
November, 1920"