Pruitt v. Squires

Citations

• 64 Kan. 855
• 68 P. 643
• 1902 Kan. LEXIS 290

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Biennial-election Law — Sheriffs and Treasurers. Section 3 of article 9 of the constitution provides that “All county officers shall hold their offices for the term of two years, and until their successors shall be qualified, . . . but no person shall hold the office of sheriff or county treasurer for more than two consecutive terms.” Under this provision, a term of office of the officers therein mentioned is not limited to two years, but is for two years certain, and for an indeterminate and uncertain period thereafter, designated by the phrase “and until their successors shall be qualified,” and this is as true of a second term as of a first.</p> <p>2 - Appointment by Governor not Authorized— Officers Hold Over. Chapter 176, Laws of 1901 (Gen. Stat. 1901, § § 2751-2755), generally known as the “biennial-election law,” by its operation postponed the election of certain sheriffs from the fall of 1901 to the fall of 1902, but made no provision for the filling of the interregnum thus created. Held, that no vacancy existed in such office, and the governor was not authorized by the general pro- ' visions of the statute directing him to fill vacancies to appoint one to such office during such interregnum. Held, further, following the case of The State v. Andrews, ante, p. 474, 67 Pac, 871, that no means of supplying such offices during the interregnum resulting from the postponement of these elections having been designated, such incumbents will continue to hold until their successors, chosen in the usual manner, shall be qualified.</p> <p>3. - Oases Distinguished. The cases of Horton v. Watson, 23 Kan. 229, and Davis v. Patten, 41 id. 480, 21 Pac. 677, distinguished.</p>