Jasper County Democrat, Volume 6, Number 26, Rensselaer, Jasper County, 3 October 1903 — NEW CLERK TO BE ELECTED. [ARTICLE]

NEW CLERK TO BE ELECTED.

Republicans Admit the Election of Warner Will Not Hold. It is now generally oonceded by the better informed republicans that a new circuit court clerk will have to be elected at the general election next fall, and that the election of C. C. Warner in 1902 will not stand. It will be remembered that the contention of the democrats was that Mr. Major would hold over until Jan. 1, 1905, and as an officer cannot be legally elected to an office that he does not take until after another general election, no clerk was to be elected last fall, and they made no nomination in this county. Our present clerk’s term, to which he was elected, does not expire until May, 1904, and that term could not be shortened by the legislature. The legislature of 1901 passed an act fixing a uniform date when county officers should take their respective offices, on January Ist succeeding the election. The last legislature passed a like act, repealing all former ones, and attempted to legalize the election of certain officers elected in 1902 who could not take their office for a year or more thereafter. This act provides, among other things:

"In all cases where vacancies occur in any of said offices, by reason ot the death or resignation of any such officer, or by reason of the expiration of his term of office, or in any other manner, before January 1,1904, and a successor is appointed to fill such vacancy, such appointee shall hold his office by virtue of such appointment only until January I, 1904, ana if any vacancies should occur in any of said offices after January 1, 1904, and such vacancies are filled by appointment, such appointees shall hold until the first day of January next succeeding the next general election held after such appointment.’’ Thus, in any event, Mr. Warner’s election was illegal and he cannot take the office unless reelected in 1904, and the preceding section says that no election shall be held until 1908 for electing a successor to the officer elected in 1902, but whose term of office would not begin until after Jan. 1, 1903, so'there is a muddle in the law also in that regard.