Show WHEN WIN 8 THE TE H JUDGES TAKE 0 OFFICE 11 mr r shear shepard d Dif disagrees irig C with at actor t ya ney y G general gendral bishops opinion reitor ori Tr I Huc C L last I 1 it celt cit L attorney to lloyd r r general no 1 ais bishop i tip in a letter to a J judge ud jolin john A 1 street I r I 1 gave a v e us its if ills opall opinion I 1 that if 1 I 1 I 1 the I 1 to tenures tenure n ree if air ot of ili the iho ofil offices me cost of 0 f J judges u ritchie TC it C and n d S street to t do I 1 not ex expire 1 I ry u until unell n it the llie I 1 fl first I 1 t monday load ot of J january r isi 1837 and irria that the judges elected at the tha last election I 1 could not legally take their I 1 until that thal time viewing tte the law as I 1 do the opinion of 0 mr air bishop Is a erroneous and nl does not flat correctly state stale tile the law to the fact aliat his 1114 freml premises are wholly in ahat chii lit ile he bonso conso conlo borms torms with I 1 acan cles in saw offic dinces ezi anti ami takes it for kraft t ed that the let ms bior 1 aich bodges cherry anti and orrell norrell bere ere elected are tull full terms under the con AtI instead ol of vacancies ia be Lotion tilled liy y they atheni 1 it ills premises 11 are r e conceded a to lie be flirtie fl true irtle life then ho he la 11 it correct lit in ills hla conclusions otherwise not my content contention lion ta Is that they are merely va can clo and nut not term ul at all in the nay may t aliat hat sir mr bishop liaa ial considered them lot us examine tho the lan apoll the llie subject arid and see whether sir mr Is correct coi acet ar or not section liin 16 ot of the schedule to the constitution ution provides that ihal the terms of all officers under the constitution at the november election isaa shall commence on tin tile lutt alunday next succeeding lire issue of 0 the llie lion by tire Pre president declaims utah admitted into the union arid and that their terms of 0 fillici shall expire when their but ves ors are elected and qua lined under ahia s As ai president ident f cleveland IL veland salil said on january 1 4 ich tho the terms of 0 all deleted andor alie lie am 1111 on oil monday ti 6 ivis S e won 5 of 0 article 8 of 0 tin tile Cons titu llon I 1 provides that the let leims nis of 0 uc of tile tho district judg juans as shall be turn four years except that tile the dmark darlo L lecter at the first clift election shall shah serve until the llie first conday or of january 1901 und and their successors shall ishall have led at the first election held had judges and young were elected for or terms lenns of five years each their terms of 0 office commencing on january G 1896 which mint exist it the attorney gen C eral cral li is correct ill fit b hla Is lews lewa furthermore said section provides 11 that special elections may tie 10 held its as provided I 1 by law lae the and L legislature e have provided for C elal elections t I 1 ns for filling bacan vacancies left ani and I 1 in ill so 41 del d doing el n agnay aay that any person per ion elected 11 lo 10 ill ail a hall t le be entitled to 11 tile hie anc upon qualification tie the I 1 election demon fur for the office 0 of f dettrict judge J at ai the last lait la it election was not a general but a special election true it aa held at 1 l a general detection elect lun hut but that thai did not change it from aiom A special to a general election for or that afflec balne on oil elections section W Xen jennold flold vs VB irwin 53 52 cal tillson vs ford 53 cat cal 7 91 1 As noll moll said bald in the case of 0 Ken lold vs va irvan supra A special election Is in an election held to supply it a vacancy in office occurring before the expiration 0 it the ull full term for chich uie the incumbent was elected this being a special election he held id by law at tho the time of a general election the reasoning of at the attorney general based upon don a wrong theory anti pro bisca misca ta 13 faulty in ili the extreme anti and erroneous the general principle sf Is that the judiciary are elective the exception made to meet possible necessities la Is by appointment to nil fill vacancies but the appointment Is 1 limited and must espire at the next election upon the lie qualification of the person pelson elected thus showing allowing that it was the intention to limit the exceptional method of sc be feeling the judiciary as for as ai was wag consistent alth a deliberate or of the mode made of nit hinline inline ng tile the office by tile the usual mode of cleT election tion upon ahli point I 1 C call 1 11 attention to judge streeta ablo able opinion in the case of lloyd vs VH 1111 lott it la my opinion taking tile the ln lion arid and las as as my thit that there fin ile be no question but bui that na as is as judges chiry cairy anti anil norrall corroll quality qualify they I 1 me I 1 I 1 e entitled to the knicos t tn t I 1 chich they are aie elected anti and it that 1 at jil street and cannot fi further ir legally tile the duties of salti said all alfices ices yours 1 SHEPARD salt lake city nov 10 1896 I 1 and nd exair ing on the nt first monday cinday al of january 1901 after the election arid and of 0 judsen howat and you i 9 they resigned their offices offic eg and the present ent incumbents judges ritchie and street acre ere appointed to till tile the vacancies lacan cles occasioned by said resignations until the next regular election when ihen their successors were to tie tic cloce act L ed cd to servo serve the balance of oc the section 1 vt article 7 of the constitution which the attorney general overlooked provides when any state or district onico shall become vacant and no to mode made Is 13 provided by the constitution and laws tor for lillne such vacancy the governor shall have the power to 10 till tile the same by granting a commission chich ahall expire at the next election and upon qualification of 0 tho the person elected to such office section 10 or 0 the same article provides among other things nies 11 if tire the olace 0 of judge ot of the court be vacated by death resignation or other 1 alar life it shall be the duty of 0 the gov bruor to fill the same by appointment and the appointee shall hold office until his successor shall be elected and qualified as may be by law provided it will avi I 1 be noticed that hat ehte chwe two see sec lions provide that all terms of 0 appointive officers than shall expire upon the election and ot of their successor orti and not on any particular day named but immediately upon the hie qualification of the elected successor further FLir ther than this after fixing the time for or the expiration ol of the term of lit all appointive officers to be upon the qualification or f the successor elected the lat last legislature at 0 utah provided by law the hie manner form arid and effect of filling vacancies as colloy follows s it a vacancy occurs in tile ofil at 0 juige 0 ot f the district court tile hie governor shall appoint 0 person to hohl tile the until the tbt election and qualification ot of a successor to till the vacancy abich election shall talce take place at the lie next buc beeding general election and all the pernon so 80 elected shall ahall hold the office tor for the remainder ot of the term section 5 page laws vt fir 1891 1896 THE legislative VIEW it mill 1111 be b teen seen that the view chave I 1 have taken Is the view taken by the hie legle lature and they have provided by low lav in strict conformity with the constitution that all appointive officers hhall hold their offices until mull the election and ami qualification of their successors and nut a moment longer the alto attorney aney general to to the contrary con notwithstanding in conformity alth n ath this the lacella ture lure went a a doted further anil and provided liy by sections Ions 34 and 36 page laws ot or aw fur or canvassing the returns and aal issuing commissions tor for tile the various all 1 core it Is in true that thai said sections do bo not t say in tto so cords orda that tho Covo inor atholl aiudi any particular aiudi kind ot of but talking theme theeo st egions into inlo eulth tile hie ollier sections octlona of tile the law and llon lion referred tu to it 11 beco becomer ints ahat Is IH said atut and intended by tile the lawmaking 1 1 0 thrift hat tile the total lanns 0 f judges street anti ritchie expire 1111 im tile upon tile I 1 of if their successors Bucce saor judges cheri y a and ad norrell tile the attorney gendral itt iotes section 9 of article 4 of 0 tile the constitution us as upholding lila his view anil and chich lie he the chief support for ills hla conten uon lion when chiki its 1 analyzed it ialyn far from milb upholding ahli diew liw of u the iha case cafe tor for tho the reason that it does not to vacancies anit to tull full terms tc rma only while it 11 la Is truty under sald HUM see lion U officers elected at a general beneral election tor for full terms tale their on the first monday of 0 january following it cannot be contended seriously pc that hat it refers to terr ni As I 1 haite hac ti boNn tin the terms ot of the offices in n question lon commenced january 6 anti and judges cherry and norry norrall il mero aru wy only elected to 1 vacancies occa waged by the resignations at 0 judges und nounia loun if hut but it we take tho of mr A ve 0 have one term a of if 0 all co corn com inc LT ing twice tawn on J january andary C G isaie 19 I 1 antl 1 again on ja january n uary 4 arg a aa arri 1 bible in ill the e nature ol of things lings ti JUL but |