Show ALLEGED VACANCIES IN CERTAIN OFFICES THE sano beut that a very large number of offices to which persons were elected last august are now vacant because the officers elect have not qualified ac conling to law has doubtless startled a good many of the people of this territory they naturally desire to know what it all means we understand that the objection is they have not received their commissions from the governor if that is all we are of the opinion that the trouble is not without remedy under the organic act of utah the governor is authorized to commission all officers who shall be appointed to office under the laws of said territory ij some persons have construed this to cover all the offices in the territory whether elective or appointive but examination of the organic act and other laws of congress and also of the laws of the territory will show that there is a clear line of distinction between them some officers are others are appointed to their several positions it is the appointed officers who are to be commissioned by the governor under the general provision of the organic act but there are some aled elected ed officers who are required alred to obtain a commission from the governor and among these are justices of the peace and constables section of the compiled laws of utah provides each justice of the peace and constable shall tako an oath of office and ave bond with approved securities in the sum of one thousand dollars which bond shall be approved b by a and n d filed in the office of the probate saly judge of their re counties said justices and eon constables stables shall hold their offices for the term of two yearn ard until their successors are elected and qualified and they shall be commissioned by the governor section of the compiled laws has the following proviso that each person elected or appointed to any ar i gy county or precinct office shall qualify kalify as by law twenty allys days ater after receiving notice of his election or appointment and all persons re elec elered ed to any office thereby becoming their own successors shall when so elected give bonds qu qualify lafy and be commissioned bv the governor as in other cases required bylaw 11 thus thu it is clear that justices of the peace and constables and also all persons appointed under the laws of ane territory and all who are reelected elected re to any office thus becoming their own successors successor spare are to be commissioned by the governor county and precinct officers must qualify within twenty days after receiving notice of their election if any of these who were elected last august have failed to qualify as by law required their offices may be declared vacant but does this term qualify include obtaining a COU corn mission from the governor if not there is no time fixed by law within which this commission must be obtained the term qualify has baa a definite meaning in the law it signi signifies fles the taking of the oath of office the word qualify is used sometimes as equivalent to making affidavit the swear ingin ing in of an officer elect Is ia what is legally understood as qualifying that this does not include the there re ceiling of a eom commission mission is evident from the wording of the law quoted above which says concerning officers re reelected elected they shall give bonds qualify and be commissioned the commission then is not part of the qualifying it is merely evidence of election and qualifying it is not required within twenty days if some officers who are required bylaw by law to be commissioned by the governor have not made application they should do so at once they will then find out what views the governor has on this ques tion he will doubtless be governed by the law if there is yet legal time to obtain the proper commission as there here appears to be the difficulty will be removed if there should be a vacancy in the office of J ustice justice of the peace or of constable the county court is authorized by law to fill the vacancy until the next general election and the person so appointed whether it be the present incumbent or another must not only qualify but obtain a commission from the governor it w m well for all persons who were elected to office last august to see that they have all the qualifications and authority and documents necessary to the legal discharge of their official duties |