
    State ex rel. Springer v. Hadley et al.
    
      County auditor elected to succeed one appointed to fill vacancy — Commencement and term of office.
    
    A county auditor elected to succeed one appointed by the county commissioners to fill a vacancy is elected for the full term of three years, commencing on the third Monday in October next after the election.
    (Decided November 1, 1898.)
    In Mandamus.
    The petition of the relator alleges that at the general election of November, 1895, one Frank L. Niterhouse was duly elected auditor of Fayette county for a full term, of three years, to commence on the third Monday of October, 1896; that he died prior to the commencement of said term, to-wit, on the thirtieth of September, 1896; that on the third Monday of October, 1896, the commissioners of said county appointed to fill the vacancy in said office one J. L. Lindsay, who qualified and entered upon the discharge of the duties of said office and continued therein until the filing of this petition, October 4, 1898. That at the general election in November, 1897, one John F. Craig was elected auditor of said-county, received a certificate of election and a commission entitling him to enter upon the discharge of the duties of said office on the third Monday of October, 1898, and to continue therein until the third Monday of October, 1899, but not longer.
    The relator further alleges his eligibility to said office and that his nomination thereto as a candidate to be voted for in the election in November, 1898, was properly, certified to the defendants, who refuse to print his name on the ballot because they were of the opinion that Craig’s official term will continue until the third Monday of October, 1901, and that no election to said office is to be held in November, 1898. He prays for a writ of mandamus compelling the defendants to print his name on the official ballot to be voted at said election. The allegations of fact are admitted.
    
      J. D. Post, for relator.
    
      John Logan, contra.
    
   By the Court:

The contention of counsel for the relator is that on the third Monday of October. 1896, in view of the expiration cf the official term of the auditor, and the death of Niter house, who had been elected to succeed him, there happened a vacancy in the office for the definite term of three years, and that as the vacancy occurred less than thirty days before the general election of that year, it would require both an appointment by the commissioners and an election by the people to fill it. This view does not seem to-be warranted. As to this particular vacancy it was held in State ex rel. v. Dahl et al., 55 Ohio St., 195, that it did not happen upon the death of Niter house, but on the third Monday in October, 1896, and that as this was less than thirty days before the general election of that year it could not then be filled by the people. It therefore became the duty of the county commissioners, under section 1017, Revised Statutes, to fill the vacancy by appointment. By the terms of section 11, Revised Statutes, the appointee was entitled to hold until “his successor is elected and qualified, and such successor shall be elected at the first proper election that is held more than thirty days after the occurrence of the vacancy. ” The first proper election was that of November, 1897. State v. Barbee, 45 Ohio St., 347. It is admitted that the election of Craig to the office at that time was proper. For what term was he elected? This question is explicitly answered in section 1013, Revised Statutes: “A county auditor shall be chosen triennially in each county, who shall hold his office for three years, commencing on the third Monday in October next after his election.” The adverb “triennially” cannot have the determining effect claimed for it by counsel for the relator. The auditor of Fayette county having been properly elected in 1897, an election to that office in 1898 would not be triennial. Auditors are elected triennially if vacancies do not happen. But there is not, nor was there in 1897, any authority of law for the election of a county auditor for a term shorter than three years.

Writ refused.  