In Re Advisory Opinion of Governor, in Re
| Decision Date | 25 November 1916 |
| Citation | 73 So. 742,72 Fla. 422 |
| Parties | In re ADVISORY OPINION OF GOVERNOR. |
| Court | Florida Supreme Court |
Adyisory opinion of the Justices of the Supreme Court at the request of the Givernor
Advisory opinion of the Justices of the Supreme Court at the request of the Governor To the Honorable Justices of the Supreme Court of Florida--Gentlemen:
Under F.S.A. Const. art. 18, §§ 7, 9, and 14, successors to elective county officers whose terms would have expired January 9, 1917, appointed to vacancies prior to general election of November 7, 1916, would continue in office until expiration of original term, where no election to fill unexpired term was had meanwhile.
Syllabus by the Court
Under the provisions of sections 7 and 9 and 14 of article 15 of our Constitution, successors to all elective county officers whose terms of office would have expired on the first Tuesday after the first Monday in January, 1917, but whose office had become vacant by the incumbent's death, resignation, or otherwise, and such vacancy filled by executive appointment prior to the general election held on the 7th day of November, 1916, must continue to discharge the duties and receive the emoluments of such offices until the expiration of the term in which the vacancy occurred; no election having been called and held to fill the unexpired term intervening the date of the general election and the date when the next term begins.
In conformity with the authority vested in the Governor by the Constitution to fill vacancies in elective offices, I have from time to time since the first of the year 1915 made appointments to vacancies arising in elective county offices provided by the Constitution; said appointments being made subject to the provisions of section 6 of article 18 of the Constitution. At the general election held on November 7, 1916, in the counties respectively where I had filled such vacancies the electors elected successors to my several appointees, but it does not appear that the call for the election provided specifically for an election to fill the unexpired term intervening between the date of the said general election on November 7, 1916, and the first Tuesday after the first Monday in January, 1917 the date upon which the full term begins. The question has therefore arisen as to whether or not it is my duty under these circumstances upon proper bond and oath of office being presented to immediately commission those who were so elected, for the period intervening between now and the time when the full term beings, or is it within my constitutional authority to allow those who were appointed as aforesaid to vacancies under the provisions of section 6 of article 18 of the Constitution to remain in and discharge the duties of said offices until the first Tuesday after the first Monday in January, 1917. I have the honor to respectfully request the written opinion of the Justices of the Supreme Court as to my duty under the Constitution in the premises.
Very respectfully,
Park Trammell, Governor.
Tallahassee, Fla., November 22, 1916....
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