State ex rel. Shields v. Smith
State ex rel. Shields v. Smith
Opinion of the Court
delivered the opinion of the court.
The relator states in his petition that one Wm. Moran was, at the general election in November, 1866, elected supervisor of registration in and for Washington county, and that he has been duly commissioned and qualified as such; that a special election having been ordered to take place in November next, the said Moran appointed the relator as registering officer for Breton election district, in said county, to complete the list of registered voters ; and that the county clerk refused and still refuses to deliver to him the list of registration made in 1866, claiming that another person is yet registering officer for that election district,
The law seems very clear, and there is no room left for construction. The first appointment was made in July, 1866, and the enactment is that the officer “shall serve as such until the next biennial appointment of officers of registration. The word “ biennial ” is derived from the latín words bis, twice, and annus, year, meaning the happening or taking place of anything once in two .years. The law provides for a general election once in every two years, and the election of 1866 was equally a biennial election with the one which will take place in 1868. So with regard to the appointment of registration officers for the election districts ; the first biennial appointment was in July, 1866, and the next biennial appointment cannot occur till July, 1868, two years thereafter.
Mandamus refused.
Reference
- Full Case Name
- State ex rel. James Shields, Relator v. E. B. Smith, Clerk Washington County Court
- Status
- Published