THE LIQUOR WAR IN GERMANY. quently plague, it becomes a contin-ed by the province towards the com- ship loaded with munitions of war gency to be avoided by every possible pletion of certain railroad lines. through the Dardanelles. means. It is not unlikely that fear of Discontent and dissatisfaction pre- There will be much speculation rethe awful consequences will cause both vails to an alarming extent in the var-garding the object of this latest moveRussia and England to act with the ious provinces of the Dominion. The ment. It looks as if the Czar was utmost caution, inducing them to stop exhibit made by the last census brings trailing his coat for the purpose of short of an actual cause for the opening disappointment, the disclosures of cor- having England or some other power of hostilities. ruption in high places bring humilia- tread upon its tail. Should he travel tion, and the cost of government far enough on the road indicated by brings chagrin and angry remon- his present policy he will probably be strances. It was confidently asserted gratified. until the taking of the census during this year that Canada would show a population of 7,000,000. In 1871 there was a population of 3,686,596, in 1881 4,324,810, and in 1891 4,823,344. These figures show an increase of 17.31 per cent for the decade 1871-81, and only 11 per cent for 1881-91. During this last named decade there was an immigration to Canada of 886,171, while the increase during this period is but 698,534. This means that either there has been no natural addition, or that most of the immigrants simply passed through the Dominion, or, if they remained, took the places of native Canadians who themselves left the country. THE advocates of beer drinking have been in the habit of quoting Germany on all occasions as an example of temperance, their theory being that owing to the quantity of beer absorbed by each citizen per diem there was no room in his stomach, or perhaps more correctly speaking, no need in his system for the stronger and more harmful beverage. As to the intrinsic quality of the "harm" of getting drunk on beer compared with that of arriving at the same state of moral torpidity by means of a more powerful stimulant no opinion is given. These fine differences in such coarse-grained subjects are troublesome. In the face of short crops and consequent distress existing in many parts of Russia, the conduct of the Czar may be justly deemed extraordinary. It would seem as if the present situation would be most unfavorable for the inauguration of a stupendous war. Probably the internal troubles of the empire lead him to adopt his present line of policy, in the hope that a war would save it from greater ruin than is likely to insue from causes within itself. The army is impregnated with revolutionary sentiments, which might be obliterated by a measurement of arms with another power. Bismarck pursued a similar policy previous to the breaking out of the The eastern provinces of New Franco-German war, in 1870. He Brunswick, Nova Scotia and Prince offered one indignity after another to Edward Island show actual losses by France, until the latter nation was the returns of this year's census. On-aroused to a blaze of indignation and tario and Quebec had small gains, while the western provinces show the principal increase. When it is remembered that tremendous efforts have been made by means of subsidy, protection and immigration during the past ten years to develop the resources of Canada, the above showing is disheartening. But what will become of all this probeer argument, now that drunkenness has become so appalling in Germany that the Emperor has become alarmed and taken the subject under especial observation? He evidently has the legislative power behind him in the work of reform. A law has been formulated and will probably pass, requiring that before obtaining a license for selling liquor the dealer shall show that there is a public need for a liquor store, and it shall not be located in places undesirable to the commun- The national debt of Canada is now ity. No one can obtain a license $50.00 per head, making a total of who bas an immoral character about $250,000,000. Taxation at presor who is suspected of using his ent averages $7.00 per head of business in connection with gam- the population, the highest probbling or other debauching practices. ably of any nation in the world. The as much a treaty-breaker in connecThe druggists can sell only in sealed bottles. Dealers are also restricted as to the sale of liquor to minors and as to the abuse of liquor-drinking on their premises. An important feature of the law is, that while liable to punishment for the drunkenness of their customers, dealers are not allowed to thrust a drunken man into the street; they must either give him shelter or take him home. In addition to this, physicians, nurses and other people engaged in similar professions are liable to heavy fine and imprisonment if proven to be intoxicated while attending to duty. Firemen are likewise punishable for drunkenness. CANADIAN DECADENCE. cost of government is astounding. The THE CZAR'S LATEST. Napoleon acted upon the popular impulse. Germany wanted war, but did not wish to be the first to initiate actual hostilities, for which, however, she had been for years preparing. Now it seems that the Czar wishes a fight to be inaugurated, but is averse to striking the first blow. He is evidently bent, however, on giving plenty of cause for its being struck. In the event of a struggle being opened, he will not only be in a position to say that he did not open the ball, but that the other principal in the combat-England-is tion with the eastern question as he. Prof. Buchanan, of Boston, predicted, last year, that a gigantic war that would have the effect of revolutionizing Europe would break out some time near the beginning of the twen. tieth century. If the Czar insists on his present semi-belligerent course of action the fulfilment of the forecast of the noted Boston scientist will come sooner than he anticipated. elected to the British parliament, is John Penn, who has just been a descendant of the great William Penn. The Minnesota wheat crop will be worth sixty million dollars. The wheat crop of the United States would weigh 15,500,000 tons; it would take a million freight cars to carry it, and the train THE Dominion of Canada is at pres- THE latest movement of the Russian would reach more than twice across ent passing through a political crisis. Czar connected with the Eastern the continent, from Boston to San An investigation relating to official question will increase the feeling of Francisco. We have enough wheat corruption is being held at Ottawa, uneasiness in Europe caused by the to send a million bushels every day in Ont. It is reported that one of the Dardanelles incident. He insists that the year to Europo, and have plenty ministers, Sir Hector Longevin, has his naval cadets be permitted to take left." been acquitted of the charges passage on ships traversing the Danube. made against him, but the The object of this is that these officers Canadian people regard the result of may become thoroughly conversant the investigation a8 a sort of with details connected with the navi whitewashing process. However, the gation of that stream. The ultimate railway committee of the Senate has intention must of course be that Rusfound that Mr Mercier, Premier of sian warships shall freely sail through the province of Quebec, and several the waters of the river in question. he 1st inst. aggregate $1,385,420. The other equally prominent persons, are This request in relation to naval cadets shipments of fractional silver coin duramong those who "profited" by the is as much in violation of treaty stipu:ng the corresponding period of last "misapplication" of the subsidy grant-lations as was the passage of a Russian year amounted to $1,035,607. The issue of standard silver dollars from the mints during the week ended August 29th was $565,895. The issue during the corresponding period of last year amounted to $787,295. The shipments of fractional silver coin since NOW I LAY TRUTH AND LIBERTY SALT LAKE CITY, UTAH, SATURDAY, OCTOBER 3, 1891. ME DOWN TO Golden heap so lowly bending, Praying Him her soul to keep. "I pray the Lord my soul to keep." Oh, the rapture, sweet, unbroken, Of the soul who wrote that prayer; Children's myriad voices floating Up to Heaven, record it there. aboriginal races of America, their deri- VOL. XLIII. inhabitants of Rio de Janeiro. (Bull, Soc. Anth., 1881, p. 564.) While many important diversities in color, stature and other physical features, as well as egrees in moral, social and artificial status existed; and although they were broken up into numerous tribes, yet all the most reliable writers agree that they had one common origin. The Book of Mormon relates that under the direct command and guidance of the Almighty a small colony of the ancient inhabitants of eastern Asia emigrated to America about the time of the building of the Tower of Babel. After peopling a vast area of The explorers came to the conclusion the American continent, extending that "war was evidently an important through a period of seventeen hundred subject of thought with the mound years, the people became exceedingly builders." low and depraved, lost every Why was war a subject of thought characteristic of human affection and with those ancient nations? The strife cultured civilization. They engaged was evidently of a civil and an unin- in the most dreadful wars and savage tentional character. There are no signs conflicts which included the entire A TESTIMONY TO THE TRUTH OF THE indicating incursions of foreign in- population-even women and children If of a'l that has been written I could choose what might be mine, It should be that child's petition Rising to the throne Divine. -Ladies' Home Journal. ANCIENT FORTIFICATIONS. BOOK OF MORMON. vaders, or of armies of different races.and resulted in the total destruction There are no anatomical characteris- of the race. These exterminating Gen. Harrison, sometime President tics in the remains proving that the wars carried off not less than fifteen of the United States, is reported in the combatants were of different national- million souls. Historical Society of Ohio, Vol. 1, p. ities. Mr. Morton, Philadelphia, 1839, 212, as saying that: "These fortifica- published a work on Crania Americana tions were not erected for & defense or a comparat ve view of the skulls of from a sudden invasion, for the height of the wall and the solidity of their construction show that the danger they were to guard against was ever present. The three mounds I have visited have a military character stamped upon them which cannot be mistaken." various aboriginal nations of North These early inhabitants of America were named Jaredites, after the name of the founder of the colony. They lived principally in North America. The nations cotemporary with them were the Babylonians, Chaldeans, and Egyptians. And whatever remains at the present day of the Jaredites must bear the marks of their primitive origin. But the relics of the Jaredites would not be likely to consist to any great extent of fortifications and walled cities, since their founders left the plains of Nimrod before the inhabitants of the early world had divided into separate and rival nations. In the days of the departure of the Jaredité pilgrims, war and military engineering had not become the proud boast of great nations. Jared had seen, probably, some examples of Another weighty fect in support of the theory that a single race peopled To the thoughtful explorer and all the Atlantic coast of America is arcbæcologist these silent witnesses of found in the analogies between the ancient feuds and conflicts between languages of the ancient inhabitants races that have long since passed away, of those regions. Dr. Crevaux, an inpresent a succession of puzzling enig- dustrious laborer in the scientific field, mas. But these would be solved if and whose life was sacrificed in the people would accept the reliable testi- cause-we learn that he was murdered mony and proofs that exist, and not by the Tobas-noted a marked similarreject them simply because they are ity between the languages of the na unpopular. tives of Guiana, the Upper Amazon, Since the records concerning the the Antilles, and that of the ancient ancient masonry, temples, pyramids and palaces, masonic structures built to in great historical not * * * ders upon the sea shore. And it came to elected and qualified, and in 1891, at pass that Coriantumr pursued him; and the general election in August, Mr. Lib gave battle unto him upon the sea Williams was elected and that he has shore. And it came to pass that he did executed a bond which has been apsmite the army of Coriantumr, that they der this state of facts the question proved by the county authorities. Unfled again to the wilderness of Akish. arises, was the election of Willams in And it came to pass that Lib did pursue August, 1891, and the election of mented tower, a defensive fort, or field And Coriantumr had taken all the people law? And a further question arises, him until he came to the plains of Agash. Hardy in August, 1889, authorized by earth-work! What is the result of divi- with him, as he fled beforeLib in that quar-eral election in August, 1887, valid? sion and rival interests and purposes? ter of the land whither he fled. Now the was the election of Hardy at the genThe characteristic of Jared's contem- name of the brother of Lib was called and 2020 of volume 1, Compilation of The counsel rely upon sections 2018 poraries were re-union and centraliza. | Shiz. And it came to pass that Shiz pur-1888. The first section is: "At the tion of purpose and effort. sued after Coriantumr, and he did over- general election in 1878, and biennialAfter the settlement of the country throw many cities, and he did slay both ly thereafter, there shall be elected by by the Jaredites the people lived in women and children, and he did burn the qualified voters of the several counpeace and their leaders were righteous the cities thereof. And there went a collector for each county, whose term ties of this Territory an assessor and men for many generations; but in the fear of Shiz throughout all the of office shall be for two years, and following generations they divided into land; yea, a cry went forth throughout until their successors are duly elected two rival nations, and then commenced of Shiz? Behold, he sweepeth the earth "Each collector elected under the prothe land, Who can stand before the army or appointed and qualify.” the calamaties which worked their ulti-before him. And it came to pass that the visions of this act shall enter upon the throughout all the face of the land. people began to flock together in armies duties of his office on the first day of June next following his election, havthey were divided, and a part of them that this section provides that the elecing first qualified." It will be seen fled to the army of Shiz and a part of tion shall be held at the general electhem fled to the army of Coriantumr. tion in 1878, and biennially thereAnd so great and lasting had been the after. war, and so long had been the bloodshed and carnage, that the whole face of the land was covered with the bodies of the dead; and so swift and speedy was the war, that there was none left to bury the dead, but they did march forth from the shedding of blood to the shedding of blood, leaving the bodies of both men, women and children strewed upon the face of the land, to become a prey to the worms of the flesh." (Ether xiv: 2-22.) mate destruction. The character of their warfare was rather of the guerrilla order than that of fixed battle-grounds and permanent defenses. We read of the armies moving rapidly from place to place, and pitching their tents in various places on their marches. But it does not appear from the brief record we have of those sanguinary struggles that either side was opposed by high walls and permanent strongholds. If such places had existed to any considerable extent the historian would have mentioned them in describing the final battles. The following extracts from the short annals will give a general idea of the character of the mode of warfare of the Jaredites: "Now there began to be war upon all the face of the land-every man with his band. And it came to pass that Coriantumr was exceeding angry with Shared, and he went against him with his armies to battle; and they did meet in great anger, and they did meet him in the valley of Gilgal; and the battle became exceeding sore. And it came to pass that Shared fought against him for the space of three days. And it came to pass that Coriantur beat him and did pursue him till he came to the plains of Hishlon. And it came to pass that Shared gave him battle again upon the plains; and behold he did beat Coriantumr, and drove him back again to the valley of Gilgal. "And Coriantumr gave Shared battle again in the valley of Gilgal, in which he beat Shared and slew him. And Shared wounded Coriantumr in his thigh, that he did not go to battle again for the space of two years, in which time all the people upon all the face of the land were shedding blood, and there was none to restrain them." (Ether xiii: 25-31.) And JOHN H. KELSON. (To be continued.) DECISION IN THE COUNTY COLLEC TORSHIP DISPUTE. In the Third District court Wednesday, Sept. 23, Judge Zane rendered the following decision in the case of the and Walter Murphy, county attorney People of the Territory of Utah ex rel., of Salt Lake county, plaintiff, vs. Leonard G. Hardy, defendant. His honor said: This is an action to determine the claims of A. L. Williams and Leonard G. Hardy to the county. The relator asks that Hardy office of county collector of Salt Lake may be adjudged to be unlawfully holding the office and that he be removed, and that A. L. Williams be adjudged to be entitled to it and inducted into it, etc. The term is two years. The election is August of the and the qualification in the June folyears indicated by even numbers lowing. The qualification is in the year indicated by odd numbers, and at that time the term commences and is for two years. The term of office is for two years, and until their successors time for the election occurs at the exare duly elected and qualified. The piration of two years from the preceding election, but if there is no election at that time the term is, according to the provisions of this statute, extended till the successor is duly elected and qualified; so that the length of the term depends upon the election of the success. or. There can be no actual vacancy as long as the rightful occupant continues to hold the office, that is, until death, disability. The statute is evidently resignation, removal or some legal like the statute of most of the States, in respect to similar offices. It is so in the office may not occur, from a provided that in order that vacancies failure to elect. Section 2020 is relied right to election in August, 1887, and upon as authorizing by implication the also in August, 1889, and in 1891.' The language that it is insisted raises the implication is this: "In case of the office of the assessor or collector becoming vacant, the County court of the county where such vacancy occurs shall have power to fill such vacancy by appointment until the It appears from the facts agreed upon next general election." The term them, that one Nathaniel Jones was vacancy the County court has the so far as I deem it necessary to refer to Vacancy is here used. It there is a elected to the office of county clerk of power to fill it by appointment, but it Salt Lake county at the general elec- there is none, the County court has no tion held on the first Monday of power to fill it. Did the failure to fied and held it; that on the first Mon- vacancy, or did the law itself fill the August, 1884, and that he duly quali-elect at the time fixed by law create a day of August, 1886, he was re-elected, Vacancy, by saying that the term of as his own successor; that in October of the incumbent of the office shall be the same year he resigned, and the until the successor shall be elected and respondent, Hardy, was appointed by qualified? the County court to fill the vacancy. That on the first Monday of August, 1887, Hardy was elected to the office as The army of Coriantumr did press for- entered its duties, and at the general his own successor, and qualified and ward upon Lib, that he fled to the bor-election in August, 1889, he was again "Every man kept the hilt of his sword thereof in his right hand in the defense of his property, and of his wives and children. The authorities are decided as to the construction of similar language. The authorizing to appoint does not arise only when the death of the incumbent merely from a failure to elect; it arises occurs or he has resigned, been re moved, or is under some disqualifying til the election and qualification of a no vacancy. Reference bas also been made to a decision of the Supreme Court of Indiana, made in 1888, found in the Northeastern Reporter, Volume 16, Page 384., State vs. Harrison. It is upon the point as to what constitutes a vacancy for which an appointment The vacancy that precedes the may be made. The case involves a election and qualification last referred between controversy the relator, to is filled by the County Court before, Joseph L. Carson, and the respondent, and the remaining portion of the term Thomas H. Harrison, concerning the is filled by the voters at the election. right to exercise the office of President Other provisions of the statute of the of the several Boards of Trustees of the Territory refer to vacancies. Section benevolent institutions of the State. 270 relates to Territorial or county officers. It provides, in case of the death, resignation or other disability of any Territorial officer, authority is given to fill. There the vacancy is described as by death, resignation or other disability. In the section that follows the one referred to the words are used: "In case of vacancy by the death, resignation, or other disability of any probate judge," and again, "Or in case of a vacancy by the death, resignation, or other disability of any county or precinct officer, except probate judge or justice of the peace, made elective," and so on. In section 276 of the same book, Congress, in providing for the election of a delegate to Congress, used this language. The court says, "Pursuant to the provisions of the act, the respondent was elected president of the Boards on the 27th day of February, 1883. The Legislature failed to elect a successor in 1887, as the law required, and the respondent continued and still continues in the office, asserting the right to hold over until a successor shall have been duly elected by a succeeding Legislature. Being of opinion that the failure of the general assembly to elect a successor produced a vacancy in the office, the governor appointed and commissioned the relator as president of the several boards on the 27th day of May, 1887." The law provided that a person should hold until his successor was elected and qualified, and the court, referring to the law, says: "So Paine, in his work on elections, re- much of the above mentioned section fers to numerous decisions. In sec- as applies to the office in dispute reads tion 227 he says, "The Constitution of as follows: 'When, during a recess of California contained the following sec. the general assembly, a vacancy shall tions: 'When any office shall, from happen in any office, the appointment vested in any cause, become vacant, and no of which the genmode is provided by the constitu- eral assembly, the governor shall tion and laws for filling such fill such vacancy by appointvacancy, the governor shall have ment, which shall expire when a sucpower to fill such vacancy by grant. cessor shall have been elected and ing a commission, which shall expire qualified.” "It at the end of the next session of the must nevertheless be borne in Legislature, or at the next election by mind that the power of the governor the people, nor shall the duration of any to make a valid appointment does not office not fixed by the constitution arise until there is a vacancy in fact. ever exceed four years. A statute was The court says: The word 'vacancy,' in these words: Each of said commis- as applied to an office, has no technical sioners shall hold his office for the meaning. An office is not vacant so term of four years, and until his succes- long as it is supplied in the maneor is elected, commissioned, and ner provided by the constitution or qualified, as in this act provided. The law with an incumbent who is legally Supreme Court held that under the qualified to exercise the powers and constitution of the State it was proper perform the duties which pertain to that executive officers, elected by the it, and, conversely, it is vacant in the people, should hold over, rather than eye of the law whenever it is unoccuthat the duties should devolve upon pied by a legally qualified incumbent, those in whose election the people had who has a lawful right to continue no choice; that temporary executive therein until the happening of some appointments were admissible only future event."" when there were no incumbents of par- After citing a number of cases the ticular offices to hold over and per- court says: "When an office has been form their duties. That if there was a conferred upon one legally eligible, vacancy in any just sense, after the ex- and has been accepted, no vacancy can piration of the term and before the be said to exist therein until the term election and qualification of a succes- of service, and right to hold, as fixed sor, the statute itself filled the vacancy by the law, expires, or until the death, for the time being, by providing that resignation, or removal of the person the former incumbent should hold un-elected or appointed. * * * * * "The policy of provisions of that na ture is to prevent the happening of vacancies in office, except by death, resignation, removal, and the like. They rest upon the assumption that the wiser and more prudent course is, in case the electoral iody fails to dis charge its functions, to authorize the incumbent to hold over until the succeeding election, rather than that a vacancy should occur to be filled by the appointing power. recognition of the wisdom of this policy the organic law of the State declares as follows: 'Whenever it is provided in this constitution, or in any law, which may be hereafter passed, that any offi cer, other than a member of the general assembly shall hold his office for any given time, the same shall be construed In] to mean that such officer shall hold his * office for such term and until his suc- is as much a The case of Parcel vs. the State, ex rel. Lowrey, in the 110th Indiana, page 112. This was a proceeding commenced on the 10th day of January, 1886, by an information in the name of the State, on the relation of Robert A. Lowrey, against Clark R. Parcel, to test the right of the latter to hold the office of county commissioner for the third district of Pulaski county. In that case the incumbent died, and Clark R. Parcel was thereupon appointed to fill thevacancy. It seems there was no ques tion about the vacancy; there was an actual vacancy caused by death-not a case where the person held over. The court says: "But according to the agreed statement of facts, it does not appear that any one was elected at the November election in 1884." (That was the regular election). Hence, at the expiration of Lowrey's second term, no successor having been elected and qualified, he continued rightfully to hold over until his successor was elected and qualified. No election having taken place in 1884, to fill the term which was to commence in 1885, that term remained vacant, except as the relator occupied it under his right to hold over until the election and qualification of his successor. The term being thus vacant, it came under the provision of section 4678, R. S. 1881, which required that at the general *election in 1886 all existing vacancies in office should be filled unless other- "But we think no court or judge has elective office, thirty days prior to any wise provided by law. The question is, gone so far as to hold that the people general election, shall be filled thereat. was it otherwise provided by law?"The might hold an election or vote for any To apply this provision to the case at statute referred to is as follows: "A particular officer at a general election, bar, had Meeker been removed less general election shall be held on the unless special provision was made for than thirty days before the general first Tuesday after the first Monday in electing such officer for the particular election of 1886, that election would November, in the year 1882, and term to which he was seeking have been one at which the vacancy biennially thereafter on the same day, to be elected, either in the caused by his removal could not have at which election all existing vacan- constitution or some statu- been filled, not because of any cies in offices, and all offices the terms tory enactment. For an able and peculiarity in the term of office, but of which will expire before the next lucid argument on these points we because of the language of the section general election thereafter shall be would refer to the opinion of Mr. Jus- last above quoted. But as the office filled, unless otherwise provided by tice Baldwin, in the case of McCune became vacant, thirty days belaw." This act regarded the offices vs. Weller, 11 Cal., 49. The court in fore said election, it was an substantially as vacant, for the purpose this case, however, uses this language. election at which said office could of being filled when a person held over. It would apply, however, to an officer be filled. I thus have reached the conThere was a law expressly providing appointed: "In this case, had the law clusion, and from it I see no escape, for the election, where there were any of 1862, after providing for the election that a clerk of a district court in and existing vacancies, or where the term of a prosecuting attorney for two years, for Saline county could be legally would expire before the next general gone on in the same law to provide elected at the general election of 1886, election. The court says: 'The relator that in the case of vacancy the county whose term of office would expire in having been elected his own successor commissioners should fill that vacancy the month of January, 1888." Of in 1882, his second term of service course the law there expressly provides must be deemed to have commenced for the election. But the trouble with at the regular period in 1882. He this case is that this section relied upon could not, by holding over, after the provides that a vacancy shall be filled expiration of his first term, and failure by appointment until the next general to qualify, until one year of his second election, and at that next general term had passed, extend the latter election it shall be filled by election term, or make his second term comuntil the end of the term, but there is mence at an irregular period." It no vacancy here. There was no vacanseems that he was elected at the regucý that authorized an appointment, and lar time, but he deferred qualifying hence this law does not apply, because for one year, and claimed in conseit expressly says: "The County court quence of his not qualifying for one of the county where such vacancy ocyear that his term did not commence curs shall have power to fill such until that time. The court says he vacancy by appointment, until the cannot extend his term in that way. next general election," but there was He was In office, and it was his duty to qualify, but if he did not qualify, no vacancy in this case. The law had filled the office, and the officer in it his term commenced just the same. The case is not analegus to the one in was holding by virtue of the law; he point. was there lawfully and had the right to hold until bis successor was elected and qualified, and then no vacancy Plaintiff also relies upon Sawyer vs. Haydon, in the 1st Nevada, page 64. until the next general election, and no cited. Meeker The State vs. Dodson, Northwestern will occur because the successor will take off ce just as his successor would have taken it if the election had been the proper time, and his successor had held on the 1st day of August, 1888, at The contest was as to the office of the prosecuting attorney. The one in of fice resigned and the respondent was appointod and entered upon the duties of office. An election was held and and that on the same day the respon- qualified in the following June, the right "The by as 1889. There was no election in 1888, and in June, 1889, there was no authority to hold an election, because there was no vacancy, and the same as to 1891. There had been no appointment made, and there was no an officer held over until his successor was elected and qualified. By election of an officer it means a legal election, an officer elected by law. Here there was no election provided for in August, 1889, or in 1891, either expressly or by implication, because there was no vacancy. I see no escape from the conclusion that the present incumbent, Mr. Hardy, holds over under the statute, and that he will hold until his successor is elected 1892, and he is qualified, unless the legislature changes the law or a vacancy occurs by death, resignation removal or other disability. the plaintiff received the majority of dent was duly appointed to said office the votes. The points necessary to by said Board to fill the vacancy refer to are: "It is urged on the part of caused by the removal of said Meeker; and that said respondent duly quali the appellant, first, that the general fied and entered upon the duties of policy of the Territorial laws was to the office, and has continued to fill make all offices elective as far as prac. the same hitherto," It is seen that ticable, and when a case of necessity there was an actual vacancy, a vacan- Vacancy, and the appointed in office as arose requiring the temporary appointment of an elective officer, that ap- cy in fact. The court says, points presented and urged pointment should not extend, and was hot by law intended to exterd, beyond the respondent may be stated follows: (1) That no election of the next general election, when the people would have an opportunity of clerk of the District court in and for electing. Second: That the law, hav- said county could be legally held at the ing vested the people with power to general election of 1886." Because it elect prosecuting attorneys for the full was not the regular time for electing term, they would have the clerk, but was a general election. without any special statute on the sub- But the court refers to the law and ject, when assembled at a general says, "Section 101 of the same chapter election, to fill any vacancy in that provides that every civil office shall at the general election in August in office that might then exist, and also be vacant, upon the happening of either to elect an officer to fill the unexpired term, when the vacancy had been temporarily filled by the county commissioners." In that case, before the term expired, it seems, a general election occurred and the plaintiff was elected at that general election, not at the was a resignation; the law provided it should be vacant. Section 105 pro- I have just returned from working end of the term. The court says: "The question then resolves itself into this: vides that appointments under the on the railroad in the Boca Grande, Can the people, by virtue of an inher-provisions of this chapter shall be in which is thirty-five miles north of ent right in themselves, when assem-Writing and shall continue until the Colonia Diaz, in the State of Chibled at a general election, elect an next election, at which the vacancy huaua, Mexico. While I was there, officer for a fractional term, when the can be filled, and until a successor is Brother William Adams discovered a elected and qualified, etc. Section curiosity which I think will be interstatute law authorizes them to elect for the full term, but is silent in regard to 107 provides that vacancies occurring esting to many of your readers. It is the election of such officer for the frac-in any State, judicial district, county located half a mile south of Mexican I precinct, township or any public guard camp and it is similar in appear tional term." of the following events, at any time, A MEXICAN CAVE. |