The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-08-06
THEREMUSTBEANELE
The Attorney-Genera Opinion Regard
ing the Lieutenant-GOyernorship.
He Holds that the Office Must Be Filled at
the Election This Fall for the Re-
mainder of the Term Only.

Attorney general Hord yesterday afternoon
gent to the Governor an official opinion, answer
ing the questions addressed to him relating to
the election of Acknowledgements this fall to
flI the vacancy occasioned by General Manson's
reiinquishing the Office for the Terre Haute col
lectorsEip.
The Attorney general in answer to the Gov
ernor's question, asking il the vacancy should be
filed at the general election this fall, says: ''The
office Of Acknowledgements, under the Consti-
tuition of Indiana. becomes an essential factor IN
the proper administration of the affairs of the
State. He is elected for the term of four years
lR. S., 1881. Sec. 1884, and. by virtue of his Of
fee, he is President of the Senate, with right,
when in committee of the whole, to join in de-
bate and to vote on all subjects, and whenever
the Senate shall be equally divided he shall give
the casting vote (R. S., 1851, Sec 147) Section
10 of Article Of the Constitution provides
that each House when assembled shall choose
its own officers, the President of the Senate ex-
cepted. r. S., 1881, Sec 1867 This clause of
the Consttion is to be considered in connection
with Section IL, of Article 5 of the Constitution
which provides Whenever the Lieutenant gov
erpor shall act as Governor, or shall be unable
to attend as President of the Senate. the Senate
snail elect one of its own members as President
for the occasion (R. s., 1881. Sec. 1871 This
governor Under these provisions Of the Consti-
tuition the Senate may elect temporary pre-
siding officer when the ACKNOWLEDGEMENTS shall
act as Governor, or he shall be unable to attend
as President of the Senate.
Section 10 of article Of the Constitution,
provides In the case of the removal of the Gov
erhor from Office. or of his death, resignation or
inability to discharge the duties of the Office, the
- ~ r
and the General Assembly shall by law provide
for the case of the removal from Office death,
resignation or inability, both of the Governor
and Lieutenant-governor, declaring what officer
shall then act as Governor, and such officer shall
act accordingly until the disability be removed
or a Governor be elected tR. s., 1881. Sec
136 In pursuance of said clause OF the
Constitution, the General Assembly of
1867 enacted the following statute: In
case of the removal from office. death. resigna-
ton or inability of both Governor and Lieuten-
antgovernor, vacancy occurs in the Office of
Governor, the President of the Senate shall act
as Governor until the vacancy be filled, and if
there be no President of the Senate, the Secre-
tary of State shall convene the Senate for the
purpose of electing President thereof (R. s.,
1881. Sec. $685. This provision of the statute is
operative only when there is vacancy In the
Offices of both Governor and Lieutenant-gov-
ernor. and in such event the President of the
Senate shall become acting Governor until the
filed as the next ensuing November election.
(R. s., 1881, Sec. 4678.
1.-THE ACKNOWLEDGEMENTS is State officer
He is elected by the whole people of the State
He presides over a branch of the General As
sembly, that legisates for the whole State, and
upon the removal, resignation or death of the
Governor he becomes acting Governor of the
State. He is member of the State Board of
Equalization that passes the taxes of the
State. The Constitution declares when during
recess OF the General Assembly, vacancy
shall happen in any Office the appointment TO
which Is vested in the General Assembly, or
when at any time a vacancy shall have occurred
in any other State Office, or In the Office of judge
of any court, the Governor shall fill such vacan-
cy by appointment, which shall expire when
successor shall have been elected and qualified
fR. S., 1881. Sec. IA
ut is the policy of the law, that when the reg
ular order is broken by a vacancy, the Office in
which it occurs shall not remain untitled longer
than necessary, but such Offices, as far as posi-
bic, should be bestowed upon the incumbents by
the voters, and an Office should he filled by APP
pointment only until the voters can themselves
fin 1t at a regular election. THE State ex rel
Ault va. Long, 81 Ind, 351, 356 Parmater vs.
State, 102 Ind, co.
''Tho Constitution provides, All general cleo
tions shall be held the first Tuesday after the
first Monday in November, but township cleo
tions may be held at such time as may be pro-
vided by law tR. S., 1881, Sec 95.l The
statute provides: "A general election shall be
held on the first Tuesday after the first Monday
in November, in the year thousand eight
hundred and eighty-two, and biennially there
after on the same day, at which election al ex-
listing vacancies In Office, aud all Offices the
terms of which will expire before the next gen
eral election thereafter, shall be filed, unless
otherwise provided by law r. S., 1881, Sec.
1918
at has been urged that in some instances,
the Leutenant-govern has succeeded to the
Office OF Governor by the resignation or death
of hn Enuo and pac fhcp Inv
created in the Office of Lieutenant-governor
which was not filed by appointment or election,
and that such practice ought to control the de-
cision of the question presented by your in
quiry. Section 10 of Article 5 of the Consttr-
ton provides that. In case of the removal of
the Governor from office, or of his death, resig-
nation or inability to discharge the duties of the
Office. the same shall devolve on the
lss se.sion a Article Fl 1SS s Sss
vides The Lieutenant governor, while he
shall act President of the Senate. shall
receive for his services the same compensation
as the Speaker of the House of Represen tatives,
and any person acting as Governor shall receive
the compensation attached to the Office of Gov
ernor.' iR. S., 1881, Sec. 149 The Lieutenant
governor, in entering upon the duties of acting
Governor, is not required to take an additional
oath of Office Justices opinion, 70 Me, $40,
1884, The Lieutenant-governor becomes act
ing Governor upon the death resignation OF
the Governor by virtue OF the Constitution, and
the duties of Governor devolve upon him, and
he is entitled to the emoluments of the Office;
and his performance of its duties does not OPP
crate rs a resignation or vacation of the
Office of ACKNOWLEDGEMENTS. Chadwick VS..
Earhart. IL Oregon. $50. 394; The people
ex rel Church vs.. Hopkins, So N Y, a. The
Constitution of the State of Oregon provides
that in case of the removal of the Governor
from Office, or of his death, resignation or inability
to discharge the duties of the office, the same
shall devolve on the Secretary of State In
Chadwick ys Earhart supra, the court in con-
STRUNG this clause of the Constitution said, If
the nomination or appoin tment to Office be by
descriptio person arum of one who holds some
Office by the title of which he is described, and
who on some contingency is to enter and fill
another Office, the answering the description at
the time the contingency arises designates him
as the person who is to enter and FL the Office,
and when as thus designated he enters into the