The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1899-10-25
THE PLURAL OFFICE HOLD
ING QUESTION.
Each OA1Ce Accepted 'YaC2taS
the One Preceding,
Assistant Attorney General Gunte.'
Defines the Clause Of the Con
stitutlon on the Subject.
The State Odd.

vention adopted the clause pro-
hihiting the duel, triple and even
quadruple holding of offices in
this State, so prevalent at the time,
1t was thought that an end would
he put to the custom. But there
have recently been many instances
of it brought to the attention of
the public. In several cases 1t
was puzzling to know which of
the Offices held by certain men
were vacant under the operation.
In order that he might act with
out mistake in such cases, Gov.
AcSweeney recently obtained the
following opinion from the assis-
tant attorney general:
Hon NJ b McSweeney, Governor,
Columbia, S. G..
Dear Sir: You desire to be adj
viSed whether tie same person
can be town warden, deputy
sheriff, jailcr and a member of
the county board of control at tho
same time. and if not, which of
these positions are vacated. The
constitution in section 9, article 3,
provides: "No person shall hold
two offices of honor or profit at
the same time" Hence our in
vestlgation must be directed to
determine whether more than one
of the above enumerated positions
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
or enduring at the pleasure of the
creating power, an individual is
invested with some portion of the
sovereign functions of the govern>
ment, to be exercised by him for
the benefit of the public. Now it
Is manifest that this definition ap.
plies tn the town warden. Such
an office is created and so denomi-
mated by law and is invested with
right and duty of performing
important functions of govern
ment. A town warden is, with
certain restrictions, the legislative
and Judicial power ofa municipal
tv. The supreme court in this
State in the case of Alexander VS..
Mckenzie, Second S. c., 81, lays
down the rule here set forth.
Likewise deputy sheriff comes
within the purview of the above
definition. The Office is created
by law (sections 713 and III,
volume |, revised statute); the
appointment is made by the sher>
if subject to the approval of the
circuit Judge, and the appoint.
ment Is evidenced by the sherif's
certificate. The deputy may be
required 20 give bond and must
sign constitutional oath as well
as other oaths, and when thus
qualified may perform any of the
duties Of the sheriff. 1t is clear,
therefore, that he is an officer.
Likewise a jaller is public officer.
The office Is created by law, the
appointment must be in writing
and filed with the clerk of court.
(Sections 526, 527, volume Ii,
revised statutes.) The duties are
defined by statute and are of
public nature, with penalty for
non performance. The supreme
court in the State VS.. Sellers, 7th
Rich. 368, takes the view that
jailer is public officer.
Members of the county board
of control not only como within
the definition of public officer,
as above set forth, but are
specifically created and denomi-
mated officers in section 5 of the
dianonanrnr lnuu "a donn