The Territory, ex rel. McKinnis, v. Hand.
In order to avoid doubt and confusion, these officers were placed on the same footing with those holding under appointment, and their successors elected at the same time. Can there be any good reason for a construction that requires the officers chosen by the people to retire at the next general election, while those appointed must be permitted to hold over for a year longer? In the absence of any plain and unequivocal statute, we would hesitate long before placing a Legislative body in so unenviable a position before the people.
The view we have taken of the questions presented by this appeal, seems to be in consonance with the generally received doctrine as held in analogous cases. An article in the Florida constitution providing that " when any office from any cause shall become vacant, and no mode is provided by this Constitution, or by the laws of the State for filling such vacancy, the governor shall have power to fill such vacancy, by granting a commission which shall expire at the next election," was held by the Supreme Court of that State to mean that the power vested in the governorship is not a power to fill the office for the unexpired term; that power remains with the people; the power conferred is to provide an incumbent for the office between the date of the removal or death of the regular incumbent, and the filling of the office by an election by the people; and although the Constitution does not fix the precise time for the next election," yet it is the duty of the authorities to see that the time of this election is not indefinitely postponed at the expense of the rights of the people. (State v. Gamble, 13 Fla., 9.) The same principles are enunciated in the case of McAlfee v. Russell, 29 Miss., 84.
Under a Missouri statute, providing that when any one of the judges of the county court shall vacate his office, for any reason other than the expiration of his term of service, the governor shall appoint *' until the next regular election," a suitable person to perform the duties of his office,—it was held that the term of office of a judge appointed by the executive continues only until the next general election, and not till the next regular election of county judges. (State v. Conrades, 45 Mo., 45.)
