The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1896-11-04
TERMS OF OFFICERS.
AN IMPORTANT DECISION BY THE At
ToRNEY GENERAL.


be elected under the present Constltu'
ton next week. The Attorney Gen
eral has given an opinion covering
the whole subject, being requested to
decide as to Sheriffs by the Secretary
of State. The opinion is an impor-
tant one, in that it declares that Sher'
ifs, Clerks, Superintendents OF Edu,
cation and other county officers must
qualify within thirty days after the
notification of their election by the
Secretary of State, and Solicitors can
qualify also, as soon as notified OF
their election. 1t has been generally
supposed that present Solicitors would
hold over until January.
The opinion is as follows:
Columbia, S. c., Oct. 2G, 1896.
Hon. D. II. Tompkins, Secretary OF
State.
Dear Sir: The letter of B. +. Douthlt,
referred by you to tais office, has had
attention. The question submitted by
the letter is by whom will Sheriff elect
ed in November, 1896, be commissioned ;
whether by the present Governor or
the Governor to be elected. Similar
questions relative to other officers have
been submitted and it is deemed advis'
able to dispose OF all in one opinion
As to the Governor and othef State
officers elect in 1896, the Constitution
provides when they shall enter upon
the performance of their duties. Sec
tion2 Article 4, of the Constitution of
1895, provides. 1.-The Governor shall
be elected under this Constitution at
the first election held and shall be in
stalled at the first session of the Cen
eral Assembly after the election. The
other State officers elect shall at the
same time enter upon the performance
of their duties" There can be no
doubt as to the meaning of ''other
State officers" as the Constitution
plainly distinguishes Estate" from
county" officers.
The law provides for the appoint
ment of Auditors and Treasurers by
the Governor, by and with the advice
of the Senate, who shall hold these
Offices for two years and until their
successors are appointed and qualified.
These officers are not elected at the
general election in 1896, and will,
therefore, be appointed by the Cover
nor elected in 1896, and the old ofli-
GERS will hold over until the Inaugural
ton of the Governor.
Magistrates under the new Constitu-
ton and the law now Of force are ap-
pointed by the Governor, by and with
the advice and consent of the Senate.
The Governor elected in 1896 will ap-
point these and the old officers will
hold over. And so with all other ap-
pointive officers.
But, as to Clerks, Sheriffs, School
Superintendents and other elective
county officers, they will enter upon
the performance of their duties at the
time now provided by law, as the
Constitution makes no provision as to
when they shall be inducted into Of
fee.
The election law approved March 8,
1896, provides, 'That general elec-
tions for Federal, State and county
officers, shall be held on the first Tues
day following the first Monday in
November, 1896, and in every second
year thereafter" Section 81, Article
5, of Constitution of 1895, provides,
'aThere shall be elected in each county
by the electors thereof, one Clerk for
the Court of Common Pleas, who
shall hold his office for the term of
four years and until his successor
shall be elected and qualified"
Section 80 of same article provides,
"The qualified electors of each county
shall elect Sheriff and Coroner for
the term of four years and until their
successors are elected and qualified" D."
Under the authority conferred by
the constitution, the school law, ap-
proved March 9, 1896, provides, "At
the expiration of the terms of Office of
the School Commissioners of the
several counties of this State
there shall be elected By the quail
qualified electors of the county, a
County Superintendent of Education
for each county, who shall hold his
term of office for the term oftwo years,
and until his successor is elected and
qualified" Nowhere in the new Con-
stitution is any provision made as to
the time when these officers shall en-
ter upon the discharge of the duties of
their Office.
The sixth sub division, Art. II, Sec.
II, of the new Constitution provides.
'All officers, State, executive, legisla-
tive, judicial, circuit, district, county,
township and municipal, who may be
in Office at the adoption of this Con.
stitution shall hold their respective of.
fees until their terms have expired and
until their successors are elected or ap.
pointed and qualified as provide in this
Constitution" Section 10 of same ar.
ticle provides, GAIL laws now in force
in this State and not repugnant to this
Constitution, shall remain and be of
force until altered or repealed by the
General Assembly, or shall expire by
their own limitation"
Section 100 of Revised Statutes re.
quires the Secretary of State to trans
NIT without delay copy, under the
seal of his Office, of the certified deter
mination of the State Board of Can
vassers to each person thereby declar
ed to be elected.
Section SO of the Revised Statutes
provides, Every county officer. elect
ed or appointed, who is required to
give bond, shall within thirty days
after notification of his election or ap
pointment, have his said bond record
ed in the Office Of the Register oi
Mesne Conveyance for the county in
which said officer resides" This re-