45 Wis. 246 | Wis. | 1878
This cause was very ably and fully argued in the briefs of counsel on both sides, who have referred to and commented on the various provisions of the constitution and statutes bearing on the question to be decided. It is obvious that the controlling question in the case relates to the time that the defendant’s term of office under his election in November, 1875, commenced; or, to state the question in another form, when did his right to hold the office terminate? The latter point being settled, as a logical sequence the relator’s term would commence when the defendant’s right to hold the office ceased.
Section 12, article YII of the constitution, provides that there shall be a clerk of the circuit court chosen in each county organized for judicial purposes, by the qualified electors thereof, who shall hold his office for two years, subject to removal as shall be provided by law. In case of a vacancy, the judge of the circuit court shall have power to appoint a clerk until the vacancy shall be filled by an election. The clerk thus elected or appointed shall give such security as the legislature may require; and, when elected, shall hold his office for a full term. This is the constitutional provision upon the subject, which we have to construe. It will be seen that it fixes the term for two years, whether the clerk is elected to fill a vacancy or for a regular term. As already stated, the defendant was elected in November, 1875, and duly qualified on the 22d oí
No question is made as to the validity of the defendant’s election in November, 1875, nor could there well be. Such election was fully authorized by secs. 3 and 5, ch. 7, R. S. 1858. When elected, he would hold the office for two years under the
By the Gov/rt. — Judgment affirmed.