leave it exactly as it is in the present consti-
tution, to let the county commissioners fix the
salaries they will pay. I move to strike oat
the words "provided the State's attorneys of
the several counties shall receive not less than
eight hundred dollars per annum."
Mr. PARRAN withdrew his amendment tem-
porarily.
Mr. HEBB'S amendment was agreed to.
No further amendment was offered.
The next section was read as follows;
"Sec. 4. No person shall he eligible to the
office of State's attorney, who has not been
admitted to practice law in this State, and
who has not resided for at least one year in
the county or city in which he may be elected."
No amendment was offered.
FILLING VACANCIES.
The next section was read as follows :
" Sec. 5. In case of a vacancy in the office
of State's attorney, or of his removal from the
county or city in which he shall have been
elected, or on his conviction as herein speci-
fied, the said vacancy shall be filled by
the judge of the county or city respectively,
having criminal jurisdiction in which said va-
cancy shall occur, until the election and qual-
ification of his successor, at which election
said vacancy shall be filled by the voters of
the county or city, for the residue of the term
thus made vacant.
Mr. STIRLING. I move to strike out the word
"election and qualification of his successor,"
and to insert the words "until the next
election thereafter held for members of the
general assembly." There, is an ambiguity
in the section, which was copied from the
old constitution. I do not think the mean-
ing is different; and I know the language of
the old constitution is very ambiguous on the
subject. It is a matter of serious doubt
whether the provision does not mean that he
shall hold over for the four years. The first sec-
tion says that he shall bold his office for four
years; and whether a successor could beelec-
ted before the four years should expire is a
matter of very grave doubt. The officer usu-
ally holds his office until the next general elec-
tion of members of the general assembly there-
after.
Mr. CHAMBERS. I would suggest to the
gentleman that he should strike out "at
which election said vacancy shall be filled by
the voters of the county or city, for the. resi-
due of the term thus made vacant," to make
the election for four years instead of two.
Mr. STIRLING. I have no objection to that.
I think it is perfectly proper as a general
provision, applicable to other officers also.
As the section now stands, as copied from
the old constitution, it is very difficult to
make any meaning out of it at all. It says
"until the qualification of his successor," and
nobody knows what successor is meant. If
it means the successor of the original State's |
attorney, then the appointee would hold until
the next regular election of State's attorney.
But that has not been the interpretation
placed upon it, although it seems to be the
interpretation that ought to be placed upon
it. A. man may resign just two years betore
the election of members of the general assem-
bly; and if at the end of the term a man was
elected to fill the vacancy, be might only
stay in office from November to January. 1
accept the amendment.
Mr. SMITH, of Carroll. It seems to me that
the language of the constitution can have no
other than the plain and simple construction.
if a vacancy occurs the judge is to fill it
until the election and qualification of his
successor. The election, it seems to me,
would necessarily take place by a simple, fair
construction, at the next general election of
members of the general assembly.
Mr. STIRLING. There is no provision ex-
cept that for election for four years.
Mr. SMITH, of Carroll. There is no direct
provision; yet it is until the election and
qualification of his successor. If the amend-
ment prevails there might be a hiatus, and
there might be no State's attorney atall; be-
cause the person appointed might not be
qualified until the first Monday in January.
Mr. STIRLING, That can be remedied by
retaining the words "and qualification of his
successor." I will modify my amendment so
as to retain these words.
Mr. SMITH, of Carroll. I think that will
accomplish the whole object. I think that
will do away with any difficulty, and leave
this section to correspond with all the other
sections in reference to tenure of office, so that
the vacancy shall be filled for the residue of
the term, and not for four years, as the gen-
tleman from Kent (Mr. Chambers) proposes.
Mr. STIRLING. I think I would better not
accept the amendment of the gentleman
from Kent. I agree with it, but there
may be a difference of opinion about it,
and I think it would better be left as it is. 1
think myself that is the proper way to put it.
Mr. CLARKE. As I understand the amend-
ment, it adopts a principle of electing to fill
offices simply for the residue of the term.
We have not acted upon the case of clerks
or registers. I think it was determined in
committee, in relation to the report on the
judiciary department that when an election
should take place it should be for the full
term of six years, or whatever term might be
assigned for these various officers. I would
suggest while upon this branch of the question
that this is a proper view to be taken of this
matter. What is the necessity, when the
people themselves elect, the office being va-
cant of having an election for two years,
and then another election for six years? The
one elected to fill the vacancy is as much a
party selected by the people as the one elected
at the expiration of that term. But you |
