Attorney-General ex rel. McKenzie v. Elliott

The opinion of the court was delivered by

Swayze, J.

This case was argued before me, by consent, by way of rehearsal, in the hope of a speedy decision, which may be promptly reviewed. I will therefore not attempt an elaborate opinion, but will indicate shortly the conclusions I have reached.

First. I think the election of the defendant in May, 1907, if valid, could only have been for the unexpired term of his predecessor, and not for a new term of two years from the date of his own election. The act of 1900 (Pamph. L., p. 168) does not expressly define the term in case of an election to fill a…