The Union times. [volume] (Union, S.C.) 1894-1918, 1898-12-09

COCutN UOh''
Mr.. Townsend thought that the law
meant that the last office accepted was
the one which the party should be con-
sdered as holding. He then brought
up another point in evidence. He said
that section 6 Of the dispensary law stipu-
lated that applications for positions of
county dispenser shall he by petition,
signed and sworn to by the applicant,
and filed with tho county board of con-
troll at least twenty days before the
meeting Mt which the application is to be
considered" He produced the petition
Of Mr.. Palmer, filed on November 10th,
but fifteen days before the meeting.
Mr.. Sawyer, in rep'y. said that the
county board had seen tit tn elect Mr..
Palmer, and he didn't think the State
board would see fit to turn him out on
simple technicality. There would be
no charges against him.
The position taken by Mr.. Sawyer
was that. although the law said that no
man could hold two offices at the same
time, still it did not declare that either
office would be vacated until he accept
ed both. The constitution says that if
any member accepts any such office, "he
vacates his seat" He WAS not here TO
say anything i'm regard to Mr.. Lyles'
ineligibility to the legislature, but he did
contend that he was eligible to retain his
membership on the county board.
The constitution says that the term OF
office commences on the Monday after
general election, but every officer must
qualify aud take the oath before he can
discharge the duties of that office. Mr..
Lyles could not sit in the legislature
.ayif ftD. NJ
otficer-elect. but not necessarily an office
holder. He contended that Mr.. Lyles
had not accepted his membership in the
general assembly until he had qualified.
Subscribing to the oath of Office is the
only acceptance. Permitting his name
to 60 on the electoral ticket is not neces-
| sarily acceptance. The general election
was not declared until the first day of
December, tue very day on which Mr.,
Palmer Was elected. Even il that de-
claratiOn made him "A member of the
general assembly, and the law takes 10
cogniZance Of paris Of days, Mr.. Ly!es
was not Il member of the general assem-
bly, until December End
He admitted that Mr. Foster was
holding two offices. But his commission
us a member of the county board ante
dated that of member of the board of
| assessors, and, while he contenGed that
his acts us q member of the board of
! control we've not invalitlated, still, his
membership Oh the board of assessors
were void.
To summarize, lie said that Mr.. Lyles
lad not accepted the office of member of
the general assembly, and that Mr.. Eos
ter's actions on the board of control
were valid. Ii the board was illegally
constituted, every act OF the board since
February were illegal, for it was then
that MIR. Foster became Il member of the
| board of assessors.
Mr.. Munro, III reply, stated that Sec
ton II of the general statutes says that
before Il member of the general assembly
| can hold Office, he must subscribe to the
oath. Spoke of Judge Cages retaining
his seat in the Legislature after being
elected to the bench, but before he WAS
sworn in rs Judge. When does Mr.
| I.yles become IL member OF the legi-a-
ture? 1t is when he qualities for the
| duties Of his office. The time specified
| in the constitution is merely that beyond
| which his predecessor shall not hold Of
| ticr. Mr.. Palmer is qualified to hold
Office. No allegations have been brought
against him. The only thing against
| him is that the petition was not filed 20
| days before the meeting. n statute is
! not mandatory until negative words are
| used Tie statute under consideration
| is directory. This statute is not man
| datory, for it does not say that 1.-The pr-
| tition shall lot be acted upon until 20
days" 1t merely directs the board as TO
the time, and does not command
sawyer had not y, OIerly interpreted the
constitution. The constitution said that
he term OF office of legislator-elrct
shall begin on the Mo..!ay after the
| election. lie took Tho ground that IA
man was III office when his term began
The constitution says nothing about
taking the oath of office. before being
qualified to transact the duties Of office
lie contended that Mr.. Lylcs' term of
office did begin on the Monday after the
election. lie said that Mr.. Palmer's at
torneys were afraid of the petition OF
Mr.. Palmer. He had not complied with
the law. Sixteen days is not u COM
pliance of the law any more than one
day. lie claimed that they were Ell
htled toa new election, and that the
petition should be filed in the proper
way.
In regard to the word shall being
inailuatofy. he sald That the law said
very explicitly, 20 days, ''at lest" lie
demanded that the beard find the cleo
ION OF Mr.. Palmer illegal, and order
that another D- held.
After the attorneys had retired, Mr..
l.. }. Williams sugs ested that Il com
mittec be appointed to confer with the
dtorney general on the matter.
MIR. lIasrlden said that his mind wa.
made up; that the petition of Mr.. Pa!-
mta was not acted upon after the proper