The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-06-22
Vacancies in County oness.

IS. COLUMBIA, June 40, 1871.
Hon. D. Fl. Cham6eriain. Attorney Gene
S1R: Vacancies having occurred in
several Counties OF this State, in the
Offices OF Coroner, Probate Judge ind
County Con1nisBione- your: official OPT
nion is respectfully requested as to my
right and duty to fill such vacancies in
the interim between their occurrence and
the ensuing election. I have the honor
to be. very respectfully,
r. K. SCOTT, Governor.
OFFICE OF THE ArroRsEY- GENERAL,
CoLUMDIA. 8. G., June 20, 1871.
10 his IErcellancy Coz. H. X Scott.
Sm: have received your note of yes
terday. requesting my opinion as to
your right and duty to fill vacancies in
County Offices. have again, therefore,
carefully examined the statutes with re-
ference to this point, and now give you
my reply.
With respect to the office OF Sheriff, +
commonly oalled "The Sherifrs Act;".is
still Of force 80 far as to auth oriza the
Clerk Of the Court. in the County where
vacancy in that Office sh Ill have occur.
red, to order an election. This opinion
has already been acted upon in Green
vile County, and a Sheriff has been
elected and taken ofIioe under an election
30 called and held.
With reference to the Office Of County
School Commissioner, the Act of March
3, 1871, entitled San Act to amend al
ACT entitled 'An ACT to establish and
maintain a system OF Free Common
F,Schoois. for the State Of South Carroll
ma in Section o. gives the Governor
the power to appoint n person to fill any
vacancy in the Office of School Oommis-
|'sioner.. =:
/ With reference to the Office Of Coro-
ner, the Act Of January ;27, 1870, enti-
tied IAN Act to alter aud amend an Act
concerning the Office, duties and liabili-
ties of Coroner,' gives tho Governor
power. by proclamation, to designate
some Justice of the Peace or Magistrate
OF the County7wherein vacancy occurs
in the Office Of Coroner, to act aa Coro-
ner until, by order of the Legislature,
an election shall be had to fill the vacan-
cy. think this Act should be con.
strued to confer upon the Governor the
power to designate Trial Justice also to
act ns Coroner.
In the case of Clerks of Court, the
Judge has power to appoint n person
to perform the duties OF Clerk in case of
q vacancy.
In the cases of all the other elective
County offices, 1 find no provision of: law
for filling vacancies which shall occur
between the times of holding the gene
raj elections for the State, except in
cases where the unexpired term of Office
IN which vacancy occurs, shall be less
than one year. The vacancies which
have arisen recently, in several Counties.
in the Offices of Probate Judge and OF
County Conn mmissionors, do not come
within the provision of law last recited,
inasmuch rs the unexpired terms are
considerably more thnn one year. NV
opinion, therefore, is, thnt in these
cases there is no power given to the Co
vernon, or. in fact. to any one, to fill
these vacancies. -
The Legislature. by the Act OF ,Febru-
ary 28, 1870, entitled can Act to provide
for the filing. of vacancies i'll County
offices" snw fit to limit your power OF
appointment to fill vacancies to cases
where the nnexpircd term does not cx-
coed ono year. aud having pat this limi-
tation upon your power of appointment,
they failed to provide any other mode
for filling the vnoancies.
My opinion. therefore, is, TINT in the
case OF Probate Judges aud Of County
Commissioners, there is no authority
vested in any one to fill vacancies either
by appointment or by election until the
time shall arrive when the remainder of
the une1pired term, dating from the
Monday following the last general cleo
ton. shall not exceed one year. No
doubt tho public Inconvenience OF such
q state Of the law will be very great, but
it would be idle to assume authority to
make appointments or order elections.
IN the absence OF any law clearly giving
to you that power, for the courts, when
ever their attention was called 20 the
matter, would be obliged to hold such
appointments and elections to be wholly
void. Very respectfully, your obedient
servant, d. H. CHAMBERLAIN.
Attorney. General.
1MPRACTICADlLrrY OF THH DAnIEN CA
NAh-Advices from Panama to the Sd