Means v. Terral
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; Notwithstanding the failure of the Governor to call a special election, the commission issued to the present incumbent expires upon the election of a judge at the approaching general election to fill the unexpired term.
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Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; Notwithstanding the failure of the Governor to call a special election, the commission issued to the present incumbent expires upon the election of a judge at the approaching general election to fill the unexpired term. Const. 1874, art. 7, § 50. General elections are more in keeping with our system of government than special elections and in the event a general election occurs before the calling of a special election the necessity of the latter is obviated. 15 Ark. 664. 1. The vacancy can only be filled at a special…
1DissentSmith, J.
The value of decisions of other States, in the construction of the Constitution and laws of this State, depends upon the similarity of the constitutions, or statutes, of the two States. For instance, in the Oregon case cited by the majority, the controlling question there decided was contained in the summary of the learned judge who wrote the opinion for the court. He said: “We are of the opinion that under section 11 of article 7 (of the Constitution), just cited, the term attaches to the person. It is in the nature of a personal 'franchise, which may be terminated by the act of the party…
2Cases cited11 opinions
- State ex rel. McGee v. GardnerSouth Dakota Supreme Court · 1893
- People ex rel. McKune v. WellerCalifornia Supreme Court · 1858
- State ex rel. Smith v. AskewSupreme Court of Arkansas · 1886
- Rice v. PalmerSupreme Court of Arkansas · 1906
- People of North Carolina Ex Rel. Cloud v. . WilsonSupreme Court of North Carolina · 1875
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