Page:North Dakota Reports (vol. 1).pdf/214

 ex rel., Plaintiff and Respondent, v. , as County Auditor of Ransom County, North Dakota, and , and , as Board of County Commissioners of Ransom County, North Dakota, Defendants and Appellants.

1. Office of County Assessor Abolished-Office of District Assessor Created.

Section 30 of the revenue law, approved March 11, 1890, abolished the office of county assessor, and created the new office of district assessor the instant the statute took effect.

2. Same; Same; Commissioners May Fill Vacancy Existing Prior to Election.

The vacancy in said office which the county commissioners are authorized to fill by section 30 is the vacancy existing before the election of any officer to fill the office, as well as a vacancy created after the office has once been filled.

3. Office Not Established by Constitution May be Abolished at any Time.

Section 10 of the schedule to the constitution, providing that "the county and precinct officers shall hold their offices for the term for which they were elected," does not prohibit the legislature from abolishing the office of county assessor before the expiration of the term of the county assessor in office when the constitution took effect, the same being a legislative office.

PPEAL from district court, Ransom county; Hon., Judge.

Writ of mandamus granted the plaintiff, and defendant appeals.

Geo. F. Goodwin, attorney general, for appellants, argued: That the revenue law of 1890 abolished the office of county assessor; created the office of district assessor; As soon as the act went into effect there was a vacancy in the office of district assessor, which could be filled by appointment: Mechem on Public Officers, § 132; Driscoll v. Jones, 44 N. W. Rep. 726; People v. Fisher, 24 Wend. 219, and that the revenue law was not in this