The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1899-11-01
ONE AT A TIME.
No Man Can Hold Two Public Offices
in South Carolina.

The State.
When the constitutional convention adot-
ted the clause prohibiting the dual, triple and
even quadruple. holding OF offices In this
State, 80 prevalent at the time, 1t was
thought that an end would be put to the Gus
tom. But there have recently been many in
stances Of 1t brought to the attention Of the
public.
In several cases It was puzzing to know
which of the Offices held by certain men were
vacant under the operation OF the constitu-
tion. In order that he might act without
mistake in such cases, Gov. McSweeney re-
the assistant attorney general:
Hon. M. B. McSweeney. Governor. Colum.
Dear Sir: You desire to be advised whether
deputy sheriff, jailer and a member OF the
county board OF control at the same time,
and II not. which ofthese positions are vacat
ed. The constitution In section 2, article Q
provides: "No person shall hold two offices
of honor or profit at the same time." Hence
our in vestigation must be directed TO deter
mine whether more than one OF the above
enumerated position Is an Office Of honor or
profit.
An office is defined TO be right, authority
and duty created and conferred by law, by
which, for given period either fixed by law
power. an Individual is Invested with some
portion OF the sovereign fu unctions OF the gov
ernment, to be exercised by him for the
thas ths deaniton applies TO the soWn
warden. Such an office Is created and 80
denominated by law and is invested with
right and duty Of performing important func-
with certain restrictions. the legislative and
judicial power of municipality. The su.
preme court IN this State In the case OF Alex
ander vs.. Mckenzie, Second 8. G., 81, lays
deputy sheriff comes within the purview Of
the above definition. The sfice is created by
law (sections 7lS and ia. volume I, revised
statuel: the appointment is made by the
sheriff subject to the approval OF the circuit
Judge and the appointment is evidenced by
the sheriff's certificate. The deputy may be
required 10 give bond and must sign a con-
stitutional oath as we'll as other oaths, and
duties Of the sheriff. II Is clear. therefore,
that he Is an officer. Likewise jailer is q
public officer. The Office is created by law,
the appointment must be In writing and filed LEO
volume II, revised statutes. The duties are
defined by statute and are OF public nature,
with penalty for non-performance. The su-
preme court In the State vs.. Sellers, 7th Rich.
f1cer.
Members Of the county. board of control
not only come within the definition OF pub
lie officer. as above set forth, but are specf.
cally created and denominated officers In
section OF the dispensary law of 1895. where
In It is provided: "a member OF the county
board Of control shall qualify and be COM
missioned as are other county officers"
AS all four Of the positions suggested are
public offices OF either honor or profit or both,
as contemplated by the constitution. 1t is evil
dent that no person can hold either two or
more OF them at the same time.
AS your Communication does not state the
pumerical order In which the above mention
ed offices were accepted, 1t is impossible for
me to decide which office or offices have been
vacated. However, that matter can be deter.
mined, for 1t is a well established rule (State
va. Butts 9th. s. CO. that the acceptance OF a
second Office is ipso faoto the abandonment
and resignation Of the first. Hence the first
three Of these offices accepted we're vacated
and the last, II there be no other legal reason,
is In force.
Very truly yours,
u. x. Gunter,
Assistant Attorney General.