The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-08-15

Court of Common Pleas on the third
Wednesday lof October, Anno Domini
opeS thousand eight hundred and se.
vabtyttwo, and on tue saIIe day in
every fourth yenr thereafter" Ibis
section corresponds very Snearly with
the Let section Of previous Act of
l4th February. 1870. entitled IAN
Aot to provide for d general election of
| County officers" which provides that
'there shall be general election for
the election Of the various County
officers (elective) held in each County
on the third "Wednesday OF October,
Ammo Domiui one til Jusaud eight liuu.
drcd and seventy. mud on the same
day in every second year thereafter,
the officers otherwise provided tor in
the Constitution cf the Sta'n except
cd" Doubtless. reference is here
made To tho Offices Of County Sheriff.
Clerk nni Coroner. whose terms hpiny
for four years, must necessarily bc
filled ut ench alternate general r!ac:iou
for County officers. 1t il too plain tn
admit Of Doubt. that both in the view
of the frnmerA of the Constitution and
of the Legislature, there were to be
two classes Of general election in the
Ststc-onc for the election Of mem
bers of tie General Assembly, the
Governor, Lieutenant @ Governor and
other State cffi GERS. and the other for
the election of County officers This
appears from the explicit language of
Section 2 OF Article III of the Cunsti.
tuition. relative to tho Executive De.
partmcnt, which is as follows: "rhe
Governor shall be elected by tie elect
ors duly qualified to vote for members
of the House of Representatives. aud
| sinll hold his Office for two years; aud
until his successors shall be chosen
and qualified, aud shall be re-eligible.
He shall be elected at the first general
election held under lie Constitution for
members Of the General Assembly, and
at each general election thereafter, and
shall be installed during the first scs-
sion Of The said General Assembly
after his election, on such day As shali
be provided for by law. The other
State officers elect shall ut the same
time enter upon the performance of
their dutiee." The fifth section of
this article directs ttut "a Lieute-
nant. Governor SHALL bo chosen st
the same time, in the same manner,
continue in office for the same pe-
riod, aud be possessed of the same
qualifications as the Governor, and
shall &c oBicio be President of the Sc.
mute. I" The Acts of the Legislature,
providing for the election of County
officers, denominate such election AS a
81, L.
that tho repealing section of the Act
OF March 10. 1874, leaves the Acts
providing for the election of Comfy
officers untouched. It az as follows:
"That all Acts or parts Of Acts incon-
slstent with this Act. for the purposes
OF this Act. are hereby repealed. The
purposes of this Act are to provide for
general election for Senators aud
Representatives of the General AS
sembly at the time fixed by the Consti-
tntion as amended, to wit: "On the
first Tuesday following the first Mon
day in November, 1874: and forever
thereafter, on the first Tuesday follow
ing the first Monday in November in
every second year; said election to be
conducted in the same manner as is or
may hereafter be provided by law"
Permit me, III conclusion. to repeat,
that l experience profound regret in
being forced to transmit this answer to
the lnterrogatories submitted to me by
your Exceilcncy. I could not, how.
ever, give to them any other response
and preserve the consciousness of pro-
fessionsl integrity. The Inconvenience
and expense OF q double election will
be grievous, but I see no remedy for
them. except that of legislation. l
have the honor to be, your most obe-
dient servant.
JAMES D. TRADEWELL.