Spencer v. Griffith

• Decision Date: 28 October 1898
• Docket Number: 11,495
• Parties: J. B. SPENCER v. C. E. GRIFFITH
• Court: Minnesota Supreme Court

76 N.W. 1018

74 Minn. 55

J. B. SPENCER v. C. E. GRIFFITH

No. 11,495

Supreme Court of Minnesota

October 28, 1898

Petition in the supreme court to compel respondent, as county auditor for Cass county, to place petitioner's name on the official ballot as a candidate for county commissioner or to show cause why this should not be done. Order to show cause discharged.

SYLLABUS

County -- Election of Officers -- Const. art. 11, § 4 -- Holding Over by Appointed Officers.

Section 4, of article 11, of the constitution requires county officers ordinarily and usually to be elected by the people, and the legislature cannot provide for passing by a general election, and allowing appointed officers to hold over to the next succeeding election, unless there is some substantial reason therefor.

County -- Exception -- Thinly-Settled Counties.

But held, when a sparsely-settled unorganized county is first organized, there may be such a reason in the fact that it will take nearly all of that time to organize the county government and get it into fair working order.

Wm. Feltus, for petitioner.

Wilson & Van Derlip, for respondent.

OPINION

CANTY, J.

The petitioner alleges that he was duly nominated by the People's party as a candidate for county commissioner of the county of Cass; and filed his nominating certificate, but that the county auditor refuses to put his name on the official ballot. An order to show cause was issued to the auditor by me under G.S. 1894, § 48.

The auditor in his return states that Cass county was organized under Laws 1897, c. 99, and in May, 1897, the governor appointed five certain named persons as county commissioners for the term of four years each, pursuant to that act; that they qualified and entered on the discharge of their duties; and that there is no vacancy in any of the offices of county commissioners to be filled at the next election.

The petitioners assailed the return as insufficient, and the matter was heard by the full bench.

Section 2 of said chapter 99 provides:

"In every county organized by this act the governor shall appoint the number of commissioners to which said county is entitled under this act, and the said commissioners shall, within thirty days after notice of their appointment, meet and qualify and enter upon the duties of their office, and they shall hold their offices for a period of four years and until their successors are elected and qualified. The commissioners so appointed shall, within thirty days after qualifying as such, appoint all the other county officers for such county which the county commissioners of organized counties are now authorized by law to appoint; and the other county officers shall be appointed as now provided by law. All of said county officers shall hold their offices until the next general election and until their successors are elected and qualified."

The act further provides that the county commissioners shall locate the county seat, and at their July meeting in 1900 shall divide the county into commissioner districts.

Petitioner contends that, so far section 2 provides that the commissioners appointed by the governor shall hold for four years, it is unconstitutional and void. Section 4, art. 11, of the constitution, provides:

"Provision shall be made by law for the election of such county or township officers as may be necessary."

Petition...