The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1922-07-29
IUDGE H0RN0R slTs
BOND IS EllG|0lE
Attorney Generals Opinion Not
Applicable IN Hn On; Al
Court Opinions In Bonds
Favor

fsuN nro0kht ~ hAipn AAunlcy AxA4nS'
Frank Bond 10 pevcat bond's name
from soing on the officiAi ballot a.
IL candidate for county treasurer by
reason u the oAes that bond has
serted one term. and also the short
uhrxpired ssrm OF Frank Wolfe. 6,
Ia. HossSF, who represented noad in
the suit. said "A number of tbs
states have substantially the same
statute that va have. prohihItsnx a
eoanty srcasarer from serving more
than two consecutive terms. In AL
the states where the question has
been betore the courts. IL has beer
held that the expression two con
seca,ise terms means sso full
terms. and THAI parts Of terms DO
not count. No decisions were cited
to the contrary h. counsel rcpres
enslnx MIR. Dooley. and 80 far a.
known there arc none TO the con
itrary.
This ruling sceas 20 b. mads
neceassfy not only BY ordinary sra
matical oonstrucsion. bat also on
grounds Of reason. The rule Ia, tp
give 10 ianguagc its ordinary mean
ing. unisss there Il something 10
show that some special or unusual
meaning was intended. The tesm OF
offIce OF the ronnty tgesautsr in
ordlnary scceptasi1'h means full
term rather than part ~ q term,
and fah term IL TWO years The
Supreme Court of Kansas. for in
! stance. holds that when statute
refers 10 an officers term OF otfics
! Ii means regular term and mot
10 an appointment TO tiil Vacancy
or the filling of an nnexplred term.
The authorities on the subject seem
! 10 be all one way which IA Indicated
by the fact that Ia the American
and English Encyclopedia OF Law.
volume a3 page 3a7. under the head
OF Public Officers. no conflict Is
suggested In the dociss0ns The
stateuent In the work referred 70 n
a. follows;
~ ~ sometimes provided by
constitution or statute that certain
officers shall not hold office for
more than a specified number OF
consecutive terms No tenure of
office short OF a full term counie
In estimating term"
only two constructions ~ our
aiatlssc are 'pess1sl and tho one
given seems 10 ba necessary In order
to avoid an unreasonable constEuc-
tion. Tho statute provides that tho
county treasurer shall not serve To-
longer period than two consecutive
terms If Il be held that the statute
makes time limit rather than a
term limit then Il would follow that
| II a person serves, say six months
lof an unexpired term. he then uaght
be elected to hold q full term which.
added 10 the nnexpired term, would
make two gears and six months. lie
would then. under the other possible
construction, be entitled to be- elect
cd again and hold Office for eighteen
months. In order 10 make up four
years. and II he had 10 70 out Of Of
flee then. the county commissioners
lIwouId have TO appoint some one to
ftIl out the remaining six months OF
the second full term. This con-
struction seems to be unreasonable
because Il breaks up term. II u
perfectly clear that a person IL en-
titled 10 hold the office either for
two full terms, or tor four years.
lone or tha other, because tho statute
10 providing that he may not hold
more than two terms consecutiyely
means that he Hmy hold the office
for AZ least this much time. Under
either construction Mr.. Bond would
be entitled n be elected at the en-
suing election and II the statute Inn
poses time limit then he would bs
entitled 70 hold eighteen months or,
Tx as held BY tho court, Il means rwo
FUN terms then he would be entitled
10 serve ont the second full term.
"TAe optnion Of the Attorney Gen.
eraL which was subm4s&ed 10 the
court IN The hearing between Mr.
Dooiey and Mr.. Bond does not con,
tain any reasoning and Il does no.
refer 10 any court decisions. nj
simply refers 10 former opinion
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