1892. ] OF THE SENATE. 515
missioners who were elected last November, these
Commissioners would hold office without any precise
limit to their term, and in November, 1893, serious
embarrassment and difficulty would arise.
To avoid this result, it is plainly the duty of this
General Assembly to legislate upon the subject, and
in prescribing bylaw the "periods not exceeding six
years, " for which the County Commissioners now in
office are to remain in office. It is clear that in order
to carry into effect the provisions as to the enlarge-
ment of their terms up to the limit of six years, they
must extend beyond the period of two years, the time
or times for which some of the Commissioners are to
hold.
That the Constitutional Amendment was designed
to apply to the County Commissioners elected last
November, very clearly appears from the first clause,
which provides that the election for County Commis-
sioners shall be held on the Tuesday next after the
first Monday in the month of November, "commencing
in the year eighteen hundred and ninety-one"
The law which it requires this General Assembly to
pass was not intended to be made prospective in its
operation, and to apply for the first time to the
County Commissioners who may be hereafter elected,
but the contemplated law was to apply to, cover and
fix the terms not exceeding six years of those who
were elected "commencing in the year eighteen and
ninety-one. "
I answer your question, therefore, by expressing my
opinion, that the present Session of the General As-
sembly can constitutionally enact a law prescribing for
the County Commissioners, who were elected last
November, terms of service which shall continue be-
yond the period of two years.
Very respectfully,
JOHN P. POE,
Attorney-General.
Which was read.
ORDERS.
Mr. Hayes submitted the following:
Ordered, That the Finance Committee of the Senate
be and it is hereby authorized to audit and settle the
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