State ex rel. McGee v. King
State ex rel. McGee v. King
Opinion of the Court
delivered the opinion of the court..
This was a proceeding in the Circuit Court of McDonald county, in the name of John T. Coffee, as circuit attorney, upon the relation of Burton-McGee, against John B. King, upon a quo warranto.
The facts appear substantially as follows i An act of the legislature was passed in 1849, organizing the county of Me-
It appears that, at the general election in 1850, on the first Monday in August, John B. King, the respondent, was elected clerk of said Circuit Court; that he afterwards entered into the necessary bonds and took the oath of office.
The relator, McGee, contended, that the “ general election,” mentioned in the seventh section of the act organizing the county as above set forth, means, in regard to the office of clerk, the “ general election” of clerks, established by the act regulating clerks, passed in 1845, (R. C. 1845, p. 200,) and consequently, he was elected to serve until the general election for clerks in August, 1853.
The respondent, King, contends, that the words “general election”'in the act aforesaid, refer to the general election for officers throughout the state, then approaching, and which took place on the first Monday in August, 1850, and consequently, the term for which McGee had been elected, would then expire. The Circuit Court decided in favor of King, the respondent, and gave judgment for him against the relator. It becomes
The act to regulate elections, passed in March, 1845, provides for the general election of governor and lieutenant governor, on the first Monday in August, 1848, and every four years thereafter ; and provides for the election of representatives on the first Monday in August, 1846, and every two years thereafter ; and for the election of senators in those districts, and for justices of the county courts in those counties, where the terms of those elected have expired, and for the election of sheriffs and coroners.
The act regulating clerks declares, “ that the qualified voters in each county shall, on the first Monday in August, every sixth year, after the year 1841, ' except as hereinafter excepted,’ elect a clerk of the Circuit Court, and a clerk for the county court for their respective counties,” &c. It also declares, “ when there shall be a clerk in any county of this state, whose term of service commences and ends at a time different from that of those clerks who were elected at the last general election for clerks, in 1841, the qualified voters of such county shall, every six years from the time such clerk was first elected, hold an election for clerk.”
These are all the provisions of our law which have relation to this subject. The words, “ to serve until the general election,” in the seventh section of the act organizing the county of McDonald, obviously embrace the idea of the “ next” or “ first” general election, subsequent to the special election authorized by the act. We can easily, without doing violence to the meaning, supply one of these words ; let us put the word “next” before the words “ general election ;” the phrase will then be, “ to serve until the next general election.” When
In order to give the words “ general election” in the act this construction, we must make important, and, in our opinion, unwarranted additions to its present -phraseology. We must separate the offices and then look to the next approaching general election for each distinctive office. We must pass by two general elections, one on first Monday in August, 1850, and the other on first Monday in August, 1852, and look to the general election for clerks in August, 1853.
In the opinion of this court, there is nothing in the phraseology of the act authorizing this construction. The legislature has, hitherto, not manifested any desire to have the elections of clerks throughout the state upon the same day. It has expressly provided that, where a clerk shall be elected at a period differing from the general election in 1841, and 1847, then the voters shall, in such county, elect the clerk at the end of his term of six years. Again, the legislature might, if they desired to have the newly made officers in McDonald hold their term longer than to the general election in August, 1850, easily have made the words of the statute declare such inten
Reference
- Full Case Name
- State, at the relation of McGee v. King
- Status
- Published