Richland beacon., 1882-07-01

his OtlCe rs / Z
on. and its occupant is, in the hrst
auce. TO be elected by the people
Constitution makes the Lleuten-
h Governor, By virtue OF his ONCE
esident Of tie Senate. There are
bortant duties imposed by the Con-
6,ution and by the laws on the Lieu
Lpant Governor and President o! the
Senate. 1t is therefore important that
the Office should he filed. Tho Con-
s,;,u,ion creates another and distinct
Office, president pro tcmpore OF the
Senate. 1t is obligatory upon the
Senate to elect this officer, whose du-
ties are not defined, but it is presumed
tina, he is to act and take the place OF
presiding officer Of the Senate in ''e
absence of the Lieutenant Go'e'"o''
it was probably the intenti"' Vi 'ne
trainers of the Constitution 10 "ahe
him the successor of me Lieutenant
Governor. as he II placed in direct
succession to re Executive Office IN
cer,oin cc.,ingeucies-the impeach-
ment. iea,h, resignation. disability.
.f.sal to act or to qualify of both the
governor and Lieutenant Governor.
The Office Of Lieutenant Governor
isnow vacant. This is ON admitted
fat. The Constitution does not pro-
vie any specific mode for filling the
ucancy. Even if the Constitution
made no provision whatever for filling
vacancies it is well settled principle
tina where the Constitution is silent
tbeLegislature is supreme. But the
Constitution vets in the Legislature
by article 'f0-ap, article which we
overlooked III our discussion Of the
matter the 1lber day-the power and
authority, o. filing vacancies. THE
General Assembly nay determine the
mode of filling vacancies in all Offices
for which provision is not made in
! this Constitution" 1t is evident,
therefore, that the General Assembly
can fill the vacancy by any mode it
may choose to adopt.
fR 1t is strange that question 50 sim.
pie should have produced 60 much
/ discussion. but il appears that ouI
, own Constitution has been lost sigh
, of in trying to and a parallel in tbs
y Constitution oE~the United States
he displacement of Senator Bayart
kss-sassliosable and met with oppo
si,iou from the sex Democratic law
+ vers, and there wcregravo doubts ii
the minds o. Republican lawyers ant
on the part of the public: The only
ground upon which it couldeaye beer
, based was the constitutional rign
. vested in the Senate to "choose 1t
D own officers also president pro ten
: pore" which provision, it was col
: tended, vested the right absolutely i
! the Senate to choose its own officer
at pleasure. No such gran, of powe
@ is to be found in our Constitution.
j. Under the head of Executive d.
# partment" in the Constitution is ii
: mandatory provision. "The Sena'
D. shrll elect one of its own members {
> President pro tempore Of the Senate
To make the matter more emphat
article % expressly says: Each bou
of shall choose its own officers (exce
T. President of the Senate)." And
- as commended, where the law impos
n. duties upon 1.-The President of the Sc
e. ate, "the President pro tempOre Ct
g. act, then it is a eelf-evideat propo
!" ton that his Office was not to be
n. tho caprice Of majority. But me
logical construction is that the t'
Of Offices are distinct, and that beyo
m simply presiding and conducting I
VI deliberations of the Senate. viii
p any Senator can do, be cannot p
form the duties imposed by law
III. the President of tie Senate. becal
e; article 90 expressly says that I
he Office is placed beyond the choice
q V,,,e. Do,nncr0f