
    State ex rel. v. Handy.
    
      Common pleas judges — -Term of ojfi.ce--Legislative control.
    
    The term of office of the judge of the court of common pleas, elected in the third subdivision of the third judicial district, at the Nove'mber election,1893, as authorized by act of March 1, 1869, 66 Ohio Laws, 16, and act .of June 7,1879, 76 Ohio Laws, 133, does not begin until the tenth day of May, 1894.
    (Decided March 13, 1894.)
    In Quo Warranto.
    
    The act of March 1, 1869, Ohio Laws, 66, page 16, provides that an additional judge of the Court of Common Pleas for the second subdivision of the third judicial district, composed of the counties of Allen, Auglaize, Putnam, Mercer and Van Wert, should be elected at the following April election, the term bo begin on the second Monday of May, being the tenth day of the month; and which additional judge should again be elected at the annual election in October, 1873, and every five years thereafter, in the same manner, and for the same term of office, as is prescribed by the constitution and laws of the state of Ohio for the election of other judges of said court.
    By the act of June 7, 1879, vol. 76, Ohio Laws, 133, the subdivisions of the third judicial district were so changed that the additional judge provided for in the act of 1869, became the judge of the third subdivision of the third judicial district, composed of the counties of Putnam, Henry and Fulton.
    At the November election for the year Ü888, William H. Handy, respondent, was elected judge of said subdivision, and was duly commissioned and entered upon his office, and claims to hold the office to the tenth day of May, 1894.
    At the November election for the year 1893, John M. Sheets was elected judge of said subdivision, and has been duly commissioned and qualified, and on the ninth day of February, 1894, demanded said office of Judge Handy, who refused to surrender the same.
    Thereupon the attorney-general filed a petition in quo wa/rranto in this court against Judge Handy, averring substantially the foregoing facts. To this petition Judge Handy demurred. And the case was submitted on the demurrer to determine whether the term of office of the judge in that subdivision begins on February 9 or May 10, 1894.
    
      J. K. Richards, Attorney-General, for the relator.
    
      A. V. Watts, for respondent.
   By the Court.

By section 12 of article 4 of the constitution of Ohio, the term of office of a judge of the court of common pleas is fixed at five years. It is not in the power of the general assembly to either lengthen or shorten the term.

The terms of the judges elected at the fall election for the year 1851 began on the second Monday of February, 1852, being the ninth day of the month. And the term of office of their successors necessarily begun and will hereafter begin on the ninth day of February, in the proper year. But the legislature has full power, where it creates an additional judgeship, to fix the date at which his office shall begin; and by virtue of the constitution he will hold his office for five years from the date so fixed, and the term of all of his successors will begin on the same day of the same month, in the proper year.

It follows, therefore, that the term of office of Judg’e Handy will continue to the tenth day of May, 1894, and that the term of office of John M. Sheets will begin on that day. The demurrer is therefore sustained and the petition dismissed.

Judgment accordingly.  