The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-01-10
mrs. CRE[CH
IS APPOINTED
CO. TREASURER
SUPREME COURT HOLDS THAT
WOMAN WITHOUT HUSBAND
CAN HOLD THE OFFICE AND
GOVERNOR cILcHRIsT APP
POINTS HER-FiLL uNExPIRED
TERM OF LATE HUSBAND.
sneclaI g The Iournal.

Tallahassee, Jan. 9.--In answer te
Governor Gilchrist's request for an
advisory opinion as to whether a wom-
an Is qualified under the constitution
and laws Of this state to hold the of
nee of county treasurer. the justices
OF the supreme court have today rem
dered to the governor the following
opinion:
In the supreme Court OF Florida.
Tallahassee. Fla, Jan. 8, 1912.
To His ExeeIIency. Albert ". Gil
christ, Governor Of Florida.
Sir: We have your request under
section IS of article Of the consti-
tuition. sas to whether woman Is
qualified under the Constitution and
laws Of this state to hold the ONCE of
county treasurer made vacant by the
death OF the former incumbent.
The constitution provides that "the
legislature shall provide for the cleo
ton by the qualified electors IN each
county OF county trea =
1rer." Section " e-4,.~ts S. when
any once, from any Gauss, becomes
vacant, and no mode is provided by
this constitution or by the laws of
the state for sling such vacancy. the
governor shall have the power to
such vacancy by granting a comni s.
sl-.a for the unexpired term" The
statute provides that every Office
shall be deemed vacant by
the death Of the incumbent and in
such q case at shall - the duty Of
the governor to fill such Office by Al
pointment" Sections 29S and 30t.
general statutes. While the constitu
ton confines the electors of the state
to male persons having stated qualif-
cations, it does not prescribe the
qualifications of those who nay hold
Office under the state government, ex-
cept in few instances not material
here.
The constitution requires all county
oflcers except assistant assessors of
taxes to give a bond before they are
commis--s-ed by the governor amt
this may debar married women whD
are not authorized to execute bonds
that are binding on them personally.
In the case of State ex rel. Attorney
General V. George % Fla. SIS. tex,
594. South. Rep. 81. it is said:
There is no absolute connection be-
tween voters and officers, by which
the qualifications for the latter shou I
necessarily JIG Dy IklOSG lOI
the former Each is regulated to the.
own end, the former always by speci.I1
provision, the latter -Dlnetimes not ~
all, except, as in this state the more
important political and judi ..al places:
SO that, as to all other officers, TIE
people, in tho absence of other re-
Quirements, are left TO their own dis
cretion. limited Only by q common uu-
derstanding. equivalent TO law. that
prohibits electing to ofiice any perso;,
who Is not in soinewise a member OF
the body polite"
In the absence OF constitutional or
statutory provisions governing the
subject. an adult unmarried woma \
who is citizen and resident of this
state and who has not b scome dis
qualified under the laws OF the stat
to hold ONCE, may be appointed to fiji
= vacancy in the office Of county
treasurer.
Very respectfully,
J. B. WHITFIELD,
r. +. TAYLOR,
T. NJ. SHACKEFLORD,
r. s. COCKRELI.,
H. A. HOOKER.
Justices Of the Supreme Court Of
Florida.
Upon receipt OF this opinion, Gov
ernor Gilchrist Immediately appointed
Mrs. Anna L. Creech OF West Palm
Beach. who had been recommended by
the Democratic County Executive
COMMITTEES. to be county treasurer tf
Palm Beach county TO I'LL the unex-
PRED term of her late husband, r. c.
Creech, who recently died.
Conducting Examinations.
The supreme court is today con-
Quoting examinations for the admis-
sion OF attorneys at law TO the sta te
bar. There are number taking the
examination.