The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1896-11-04
Terms Of County Officers.
How Affected by Provisions
Of the New Constitution.

From IGe news auQ COuTleE.
CoLumBIA, October 28.-Tbere bas
been considerable doubt about wber
tie terms of the county officers and
solicitors expired, 10 view of the pro-
visions of the new Constitution. Tb'
whole matter shas been referred to the
Attorney General. and he has settled
the entire question ia rather volumi
nous decision as to the expiration o.
terms of cfhce.
MR.. BARBER's OPINION.
The following is the text Of tie dcis.
ion s,hss will be of special interest to all
classes Of Office holders aud the public
generally:
CoLuyB1A, s. G, Oct. 26. 1896.
Hon. D. 81. Tompkios. Secretary ol
State-Dear Sir :: The letter of B F.
Douthis. referred by you to shis Office,
has had attention. The question sub
mit.ed by the letter is BY whom will q
sheriff elected in November, 1896 be
commissioned !: whether BY the present
Governor or the Governor to be elect
ed2 Similar questions relative to
other Offices have been submitted, and
it is deemed advisable to dispose of all
10 one opinion.
As to the Governor aud State officers.
elect in 1896. the Constitution pro-
vides when they shall enter upon the
performance oe their duties. Section
3, Article 4, of Constitution of 1925.
provides the Governor shall be elscted
under this Constitution at the FIRST cleo
tion held, aud shall be installed at the
frst session of the General Assembly
after the election. The other State
officer elect shall at the same time enter
upon the performance Of their duties"
There can be no doubt as to the mean
ing Of .other State officers" as the
Constitution plaioly Distinguishes
Estate from county" officers.
The Law provides for the appointment
of auditors and treasurers by the Gov
ernor. by and with the advice Of the
Senate, who shall hold these cfcers for
two years aud until their successors are
appointed aud qualified These officers
are not elected at the general election
in 1896. and will, therefore. be appoint
ed by tie Governor elected io 1896.
and tas old officers will bold over until
the inauguration of the Governor
Magistrates under the Dew Constisu
.ion aad the law DOW of force are ap
pointed By The Governor. by ADD With
Che adj and consent of the Senate
The Governor elected in 1896 will sp-
point these, and the old officers will
bold over And SO With all other sp-
pointivs officers
Bat as to clerks. sheriffs. school sup
.eriotendents ard other elective county
officers they will enter upon the per
formance of their duties at the ,ime
now provided By law, as the Constiru
tioa makes no provision as to when
they shall be indicted into Office.
The election Law. approved March. 8.
1896, provides .'that general elections
for Federal, State ard county officers
shall be held on the 6rss Monday 10
November. 1896. and in every second
wear thereafter" y * 4 Section 81,
Article S, of Constitution Of 1895. pro
vide: There shall be elected in each
county, By the electors thereof, one
clerk for the G ,urt Of Comuon Pleas.
who shall bol1 his Office for the term Of
four years. and until his successor shall
be elected ard qualified
Section 80 of same article provides:
THE qualified e!ecsora of each county
shall el ct sheriff and coroner for the
term OF four years, and until their sue
cessors are elected and qualified
Under the authority conferred by
the Constitution the school Law. ap-
proved 9yh March. 1896, provides: AT
the expiration Of the terns ef cfice of
the school com uississioueis o: 'as sew
eral ceuoties Of this State there scali
be elected BY the qualified electors Ct
the coaoty a county superintendent #
education for county. who shall ho'd
his term Of Office for the term of two
wears, and uutil his successor is elected
and qualified :" Nowhere in ste ne~
Cces'i,u,ion is sey provision made as
to the time when the officers shal Ed
ter upon the discharge of the duties of
their Office.
The sixth subdivision, Article II.
Section IL. Of the new C"us,itasioo
provides: '-All officers. State, execu-
tive, Legislative, Judicial. circuit. dis
trict. county. township snd municipal,
WHO may be IN Office at toe adoption of
th,s Constitution shal! hold their respec-
tive Offices un:il their terms bave ex
pred. aud until their successors are
elected or appointed and qualified as
nrovided 10 this Constitution.