Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1897-08-11
has EDGEFIELD A SENATOR?
A BUMBLE BEE WITH HIS
HEAD CUT OFF.
The Question Will Have to be
Decided When the Senate
COnVeneS.

l ne IOllOWiuS 1eGtcl HULL tAO
Assistant Attorney General ex-
plains, itself:
OFFICE OF ATTORNEY GENERAL,
COLUMBIA, July 81, 1897. J
Hon. M. B. McSweerey, Hampton,
S. C..
Dear Sir: Your letter enclosing
communication to you from Mr..
M. P. Wells has been received.
The question submitted by the
letter of Mr.. Wells is whether
there is now a vacancy in the
Office of Senator of Edgeheld
county.
1t appears that at the last general
election in this State in Nov, 1896,
Hon. J M. Gaines was elected
Senator from Edgefeld county.
At the session of the General
Assembly held in 1897 an Act was
passed and approved on the End
day of February, A. D. 1897, to
establish Greenwood county. Mr..
Gaines, by the establishment of
Greenwood county, becomes a
citizen of that county.
Section 6, Article 8, OF the
Constitution of 1895 is as follows:
"The Senate shall be composed
of one member from each county
to be elected for the term of four
years by the qualified electors in
each county in the.same manner IN
which members of the House of
Representatives. are chosen"
Section 7 of Article 3 is as
follows: "No person shall be eligi-
BILE to seat in the Senate or House
of Representatives. who at the time
of his election is not duly qualifi-
ed elector under this Constitution
in the county in which he may be
chosen. Senators shall be at least
twenty-five and Representatives
at least twenty-ope years of age"
The qualifications pre- ,cribed
by the Constitution to render an
electoe eligible to the office of
Senator are: First, he must be q
qualified elector of the county
s. cond, he must be at least twenty
five years of age. At the time of
his election, in 1896, Mr.. Gaines
was undoubtedly eligible to a seat
in the Senate from Edgefeld
county. But, since his election,
his resi- idence has been changed by
the Act to establish Greenwood
county. Fhis change vas not
voluntarily made by Mr.. Gaines.
The Act also by it's provisions has
made Mr.. Gaines q qualified
elector of Greenwood county, for it
requires the Supervisors of
Registration of Edgefeld county to
turn over all the Registration
books for the voting places embrac-
ed in the bounds of Greenwood
county to the Supervisors of
Registration for Greenwood county
This transfer of Mr.. Gaines as q
qualified elector was also involun.
tary.
Section 25, Article 8, is follows
eff any election district shall
neglect to choose a member OF
members on the day of election,
or if any person chosen a membel
of either House shall refuse tc
qualify and take his seat or shall
resign, die, depart the State, accept
any disuualifying Office or position
or become otherwise disqualified
to hold his seat a writ of election
shall be issued by the President o.
the Sen ate or Speaker of the House
of Representatives as the case may
be, for the purpose of filling the
vacany, etc"
Section II, Article 8, is al
fellows: Zach House shall judg'
of the election returns and
qualifications of it's own members
etc."
Who is made the judge under
the Constitution as to whether s
Senator elected and qualified anc
who has taken his seat has become
disqualified to hold it? Unde
Section 25, Article 8, the power tt
decide this question is clearly vest
ed in the Senate. No State office
nor the President of the Senate il
vested with any such power. l
this is so, there is no vacancy il
the office of Senator from Edge6elt
county until the Senate sits am
declares ths! Mr.. Gaines has be
come disqualified to hold his seat
and, as President of Senate, yo'
can only then issue writ of elec
ton for TIE purpose of filling tn
vacancy.
Section 6, Article 3, provide
that the person elected Senate
shall be elected for the term o