Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-01-18
Inauguration Dependent
Upon the Action of the
Legislature.
STEAD GIVES OPINION
Attorney General Holds Present
Officials Must Retain
Posts.

Springfield. H., Jan. 1s.-In formal
opinion Attorney General Stead last
night advised Governor Deneen that
the newly elected state OFF cials cannot
take Office until after a speaker OF the
house has been elected and the vote
canvassed by the legislature.
The opinion was given in response
TO a request made by the governor
following his conference with William
l.. OConnell. Governor-elect Dunne's
personal representative, who proposed
that Mr.. Dunno should assume his du.
ties at once without waiting for the
canvassing Of the vote.
TO RELY UPON OPINION.
Governor Deneen announced that he
would stand on the attorney generals
OpiniOn. This means that he will not
consent 70 any voluntary arrangement
by which the newly elected governor
takes Office before the speakershlp
deadlock is broken. The Inauguration
would have taken place last Monday
if the house had been organized the
constitution providing that the state
Monday in January.
The attorney generals opinion was
In part as follows:
"A complete and orderly procedure
is prescribed for the determination Of
the fact Of the election OF the execu-
tive officers OF the state. The observ-
auce Of one constitutional mandate as
TO the method of determining who are
the executive officers OF the state is
just as important as the observance
OF any other mandate. No provision
of the constitution defining the mode
and method OF procedure can be re
jected without nullifying in part the
constitution.
MUST AWAIT CANVASS.
1T viii be observed that to the gen
oral assembly is committed the high
prerogative OF deciding the question as
20 the identity Of the persons entitled
10 exercise the functions Of constitu-
tlonal state officers. II Is true that the
decision OF this question depends, in
the first instance upon the returns
which are sealed up and directed 70
the speaker OF the house Of represen-
tatives
Until the seals are broken. and
until the result is published and de
clared. in the presence OF a joint as
sembly Of the two houses, It cannot be
known officially who are elected TO the
several executive officers.
The sole authority, under the con
stitution. to find and determine this
TACT. Is vested in the general assem-
bly, Until the general assembly finds
this fact no one. excepting the execu.
tive officers now in office, has the
right 70 exercise the functions OF TO
discharge the duties of such officer re
specuvely.
SHALL RETAIN OFFICES.
1t follows that a person not having
been declared elected TO a constitu,
tional executive Office has no right to
demand the books, papers, documents,
files and insignia OF the Office which
he claims
As a corollary IL follows that the
person now in possession of the Office
cannot legally surrender possession to
anyone other than a person who has
been declared elected TO that ONCE by
joint meeting OF the general assem-
bly,.
L arrive at the conclusion, there
fore. that the declaration Of the result
is indispensable for the purpose q
consummating the de jure title Of the
several executive officers.
Il am of the opinion that, under the
law, the officers now in Office mus
hold until the general assembly shal
i'm the manner prescribed by the con
stitution declare who are elected a
their successors respectively"
II is probable the separate houses
Will be called upon to decide whethe
senatorial balloting shall begin Tues
day or be postponed until the hous,
IS permanently organized.