The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-11-21
CHAs. F. CHILLINGwORTH.
| hereby submit the following opin-
ion to Charles F. Chillingworth:

| hereby submit the following opin
ion to Charles F. Chillingworth:
Charles F. Chillingworth on Novem.
Der 6, A. D. 1906, was elected a Sen
ator for the Third Senatorial District
of the Territory of Hawaii He held
commission as a Notary Public until
June, A. ID. 1906, when he verbally re-
signed said office. 1t was necessary
under the statute that he procure a
license, and pay a fee therefor, be-
fore he was qualified to act as such
Notary Public. His license expired
and at the time of his election as a
Senator, he had no license, and was
not qualified to act. By the Act to
Provide a Government for the Terri.
tory of Hawaii, no person holding any
Office under the Territory of Hawaii
shall be eligible to be elected to the
Legislature or to hold the position of
member of the Senate while holding
said office. Section 1890 requires a
license ana the payment of an annual
fee of Ten Dollars
Was and is Chillingworth eligible to
be elected a Senator, the Senate being
the sole judges of the qualification
of its memberss
His election as a Senator operates
to GUST him of the office of Notary
Public. He is eligible.
State of Nevada ex rel S. Sommer-
field, Dist. Atty. of Ormsby County,
resp. VS.. Willis G. Clarke, app. Is.
L. r. A. 313.
Chillngworth could not lawfully act
as a Notary Public without taking out
the required license.
blanchard of of
Florida, ex rel Calhoun and De Witt.
Is, l.. r. A. 400.
1t is well settled that where a per-
son accepts an office incompatible with
one which he then holds, he thereby
implicitly resigns or vacates his former
office
State vs.. Batty, 9 S. c. 156.
State VS.. Brown. 5 r. |.
People VS.. Carrlgue, ? Hill, SO.
Maggie vs.. Stoddard, % Conn. 500.
People VS.. Nostrand, 46 n. Y. 375.
State VS.. Lee. GA Maine, 1875.
People VS.. Hanifan, 90 Ill. 42O.
See 10 r. |. sos
The resignation of a federal officer
after the institution of quo warranto
proceedings to test the officers right
to a State Office held at the same time,
may be sufficient to perfect his title
to the State office, and prevent iudg-
ment of custer against him.
Samuel G. De Turk, pff in error, VS..
Commonwealth of Pennsylvania. )
Law Rep. Annotated $50.
The appointment to second incom-
patible office is not absolutely void,
but the first Office is ipso facto vacated
People VS.. Carrigue, Hill, So
Biencourt VS.. Parker, - Texas, 55S
If member at the time of his cleo
ton hold disqualifving Office, it is
sufficient that he qualify himself by
resignation of it before he is sworn
in.
Com. VS.. Pyle, IS Pa. $40.
Where the Mayor of Detroit was
elected Governor of Michigan, it was
held that he thereby vacated the
former office.
20 n w. Report $50.
Resignation complete before accep-
lance. See 10th Ala. 402; 8 New. 566 :;
II Iowa 405; II n. Y. 37S.
See Edwards VS.. the L. s. 1I3 L. S.
314.
A town officer who tenders his resig-
nation does not cease to be such officer
until his resignation is accepted.
Chillingworth could not recover for
his services, not having a license He
was not Notary Public. until he
qualified by taking out a license He
could not perform any official act as
such notary.
81 III. 1S9
81 Eng. Law and Equity. AS.
81 Cal, $40.
Upon the acceptance of the office of
Senator to which he was legally elect
ed by large majority. he vacated
that of an unqualified Notary Public.
L answer the question submitted to
me in the affirmative. Mr. Chilling
worth was eligible to be elected a