Washington telegraph., 1853-10-26
From the Gase!tc e. Democrat.1
ATTORNEY GENERAL's OFFICE. /
Little Rock, .Ar&,., June 2S. 1853. {

LltAP E0C1, fT6., j u!fe 2S, 1898.
SIE-Yopr communication of the 27th April,
1853, has been before me for some time aud |
have delayed answering it, until could avail N.Y.
self of a printed copy Of the law referred 10 in
your letter
The q'les!ions proponded, and upon which you
desire my official opinion, are of perplexing
character. You state in your letter, that Lambert
J. Rear,ion, Esq, who was elected by the last
Legislature and had qualified as one of the
Swamp Land Commissioners, has presented his
account for quarters salary, as State Land
Agent. ending 39th April, 1853, and that he had
already been paid as Swamp Land Commissioner,
and you enquire, Can Mr. Reardon, as Swamp
Land Commissioner, stll hold on TO his Office as
Land Agent, and receive pay for both services?'
Mr.. Reardon was understand, elected in
1850. State Land Agent, under the provisions OF a
law then in lnrce, which provides that be shall
hold his office for the term OF two years. and un-
til his successor shall be elected and qualified
Sec. 1, art. ?, chapter 81 Arkansas Digest.
At the last session of the General Assembly. a
law was enacted, entitled "an act amendatorv Of
existing laws. regulating the landed interest of
this State,p which provided for iye Land districts
and also for the election of officers for each of said
districts. These officers have been elected and
have been commissioned, and given bond, as re-
quired by that act.
The question here arises. when does the term
of office of the new officers commence! II they
commence. dU once upon lllef Ecng cO1fllllSSlOll
ed giving bond, and taking the ath Of office then
clearly Mr.. Reardon is out OF Office as State Land
Agent; but if, on the contrary, these duties to
commence in the future. depending on contiRger-
cics or acts to be done by others, they are. then
not qualified to act as State Land Agents, and Mr.
Reardon is still the Land Agent; there being no
clause, in the act of the last General Assembly
repealins that before referred to in the Digest
The 9th section of the act of the last session
seems TO me clear as to the time when the duties
of the new Land Agents shall commence. That
section says: That after the said Agents shall
have been furnished with the books. maps or
pats, hereinafter provided for, they shall possess
like power and authority, be governed by the
same rules and restrictions. and guided by the
same requirements of law. which now control the
action of the State Land Agent, in the sale and
disposition of the 100000 acres" &c. And TO
make this the more explicit and certain; section
81 of the same act further enacts THAT nothing in
this act shall be construed so as to alter or change
existing laws, until the election and qualification
OF the officers hereinbefore provided for, and until
the Auditor shall make out. and provide the seye-
raj Land Agents. herein provided to be elected for
the several Land districts. with the maps and
piats asrequred TO be furnished by him. as aiore-
SAID. which he shall furnish without delay.n
The question then arises, have the requirements
OF these sections of the law been complied withf
II they have, Mr.. Reardon's term Of Office as
Land Agent, has expired. If they have not the
existing laws are not changed. and he is still
authorized to act as Land Agent, and receive pay
as such
Mr, Reardon's election, as Swamp Land Com
missioner, does not, in my opinion, vacate his Of
nee as Land Agent there being no express law
uo!ng So nor am | aware of any constitutional
objection to his holding the two Offices.
Having given this matter diligent investiga-
ton submit the foregoing response and opinion
l0r Consideration. and hove 4ha honor In,
main, respectfully, your ob't ser't
JNO. J. CLENDENIN,
.Attorney General
10 c. c. DANLEY, Esq, .Aaditor.