Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 50

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 50

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...is that election to office by the people, when it may be conveniently done, is the general rule, and that appointments to fill vacancies made to meet the requirements of public business shall be effective only until the people may act. ('State ex rel. McGowan v. Sedgwich, supra.) That this was the intention of the convention is clearly indicated by the last two sentences in section 34, supra. By the first, the term of the appointee is definitely limited to the occurrence of the general election and the lapse of sufficient time thereafter for the qualification of the elected incumbent, whereas, under the latter, the elected incumbent holds for the remainder of the term. The first implies, also, that, if the elected incumbent for any reason fails to qualify, the title of the appointee holds good to the end of the term; but, though this is so, his title lapses upon the election and qualification of his successor. Therefore, the provision being exclusive and hence prohibitory (Const., Art. III, sec. 29), the legislature cannot extend the term beyond that thus definitely fixed. The governor is equally without power to do SO There is a conflict in the decisions as to the meaning Of the phrase, "until the next general election," as used in section 34, supra, and elsewhere in the Constitution, one view being that it means the next general election in point of time, and the other that it means the next general election for the particular oifi@eA number of cases illustrating these divergent views are cited in the note to We-ndorfi' v. Dill, 50 L. R. A. (n. s.) 359, (33 K311782, 112 Pac. 588), among them State ea: rel. Ltvesay v. Smiflio supra. In this case it was definitely held that the expression refers to the next general...show more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236934911
  • 9781236934918