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· 3/13/1922

State ex rel. Pendleton v. Superior Court

Citations

  • 119 Wash. 73
  • 204 P. 1053
  • 1922 Wash. LEXIS 740

Syllabus

<p>Statutes (74) — Construction—Provisos. The ordinary purpose of a proviso being to except something from the operation of the act, it should not be given the effect of changing the entire purport of the act.</p> <p>Officers (19) — Term—Change. Under the rule that a statute should not unnecessarily be construed to shorten a term of office, Laws 1921, p. 179, § 2 and p. 180, § 4 [Rem. Comp. Stat., §§ 5144, 5146], changing the time for holding certain municipal elections, and providing for a different time for the beginning and ending of the terms, the incumbents at the time of the taking effect of the act hold to the end of the term for which they were elected, and until the time fixed for the commencement of the term of a successor; and the act was not intended to disturb the rotation of officers theretofore elected at different times.</p> <p>Same (19, 20) — Term—Change—Holding Over. Laws 1921, p. 179, § 2 and p. 180, § 4 [Rem. Comp. Stat., §§ 5144, 5146], changing the time for holding certain municipal elections and providing a later time for the beginning of the terms, whereby incumbents hold over, does not violate Const., art. XI, § 8, prohibiting the extension of the term of an officer beyond the term for which he was elected, where it appears that all such incumbents were elected for a named period of time “and until their successors are elected and qualified.”</p>

Judges: Fullerton

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