Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-02

ing governor may nave something more 10 40 IN reia
ton TO it, than TO its ultimate execution in May, 1872
He has to conduct all the correspondence, that is to
take place with the Governors of all the nlavchoding
States in relation to the law. He may have TO carry
on correspondence with the Governor OF New lork,
and TO vindicate the justice Of the measure VINO
knows but Mr.. Seward may answer Mr.. Patton let,
ter-and may urraign the propriety of the law: ANA
therefore had right TO say, "most fortunate H. that
John Rutherford ofthe purest and hrmest epuo
licans We have in Virgnia-bessed with talents ana
virtues to grace the station-and IN me controversy
with New York one of the great absorbing questions
of the day, thorough friend of the Inspection Law
and Vrgnian, every inch OF hun.
NJ Since writing the above, we have been obliged
nv COPY of the following correspondence, which we
hasten to lay before the Public
CORRESPONDENCE.
Erecutire Chamber,
10Th March, 1911.
S,s-Findng there is some diversity of opinion on
the question to which | called your attention, some
DAYS go and deeming it myself not free from doubt,
beg leave TO remind you of your promise TO furnish
vour opinion on the subject II desirable to have the
opinion in the Of the day, if possible The pre-
else question: you know, is, whether the duties of
Governor, in of vacancy by resignation, devolve
upon him who is Senior Councillor at the time the
cancy occurs that he is required to act Governor
until the vacancy is filled, whether they devove
each Councillor, succession, he becomes Senior
Councillor.
am, very respectfully,
Your obedient servant,
JNO. NJ PATTON.
SIDNEY S. BANTER, Attorney General
To his Erceueney J. W. Patton, Gooernor of Ia.
Sir: have the honor herewith 10 send my official
opinion on the question on which the Executive has
required it. | have the honor to be,
Your obedient servant,
S. s. BAXTER.
OPINION FOR TIE EXECUTIVE
The resignation of Governor Gmer and the failure
Of the Legislature TO appoint another Governor, has
raised the question: whether the power OF the present
LieutenantG Governor expires on the 3lst OF March
and is then to 60 in rotation to the then Oldest Council
lor or whether it remains with the present Lieutenant
Governor to the end of the term:
The question arises the last sentence oil the nth
section of the fourth article OF the Constitution IL IS
i'm these words: rhc senior Councillor shall be Lieu
tenant Governor and in Of the death, resignation,
inability or absence of the Governor from the seat oil
Government, shall act as Governor"
The senior Councillor here spoken Of, is the Oldest
member of the Council, viz the member who Is IN
the third wear of his term of service The office OF
Lieutenant Governor IS not an Office separate ana aus
nct from the office of Councillor; for while the CO.
vernon is at the of Government the senior Coun-
cor can discharge other duties than those OF Coun-
clor he sits the council board and advises precise
as any other Councillor advises II is only IN case the
Governor is absent his Office, that the Sc
nior Councillor or Lieutenant Governor do any
other acts than such done by Councillor In
such case, he acts IS Governor.
Now he may act as Governor, without being ac-
tualy Governor And The question then is, IS he trans
ierred from the Office of Councillor to that OF Govern
or or does he remain Councillor and act as Governor
| rrtute ofici' =
He certainly is not transferred from the office Of
Councillor that of Governor because he Stall retains
his office Of Councillor by virtue OF his original APP
mt and qualification On the return OF the 1o
vernon to the seat of Government, the senior Council
Tor entitled TO resume his seat at the council board
ard discharge his duties as Councillor without any
new qualification or appointment Tins proves ms OIL
fee of Councillor never was vacated by MS actng Ill
Governor Can he fill this office Of Governor and Coun
cillor bo,ho To this, there two obections-frst,
the offices are nconpable second, the office OF Go
vernon is already filed by another person, and there
cannot be two ncun,bsnts of the Office This !:
ca. in the case of the absence of the Governor, and
the Constitution does not distinguish between The
power of senior Councillor to act Governor IN case
of vacancy by death or resignation OF the Governor
and the absence of the Governor From these grounds
draw the conclusion, that the senior Councillor does
not become Governor, but continues to be Councillor,
and acts Governor BY virtue Of his Office OF Council
Tor. 1t follows that when the Office of Councillor cx
pres the power which exists by virtue Of that Office
10 act as Governor ceases.
Does this power to act as Governor go in rotation TO
the next oldes, member ofthe Council: Such has been
the uniform practice of the Government The men,
Der of the Council in the third year of his service has
always (when present at the scat OF Governmenp been
regarded Lieutenant Governor and acts as Govern
or When ms term oil service expires, ne 10 w no ie
elected) longer member of the Council and has nc
power discharge either the regular or ez-oUe'o du
ties of Councillor. f he be reelected, he is Councillor
by virtue of his appointment, and qualification and
he takes rank from it. He is a junior Councillor and
exercises other powers than those of junior Council
lor. The next Councillor entering the third year OF
Office is then senior Councillor, becomes Lieutenant
Governor, and as such acts as Governor
The conclusion is that the Councillor entering on
the third year of his service the first of April be
comes then Lieutenant Governor, and is to act as Go
vernon until his year expires, or the vacancy ~ hle6
by the Assembly. s. ). BANTER,
| attorney General
|