The herald and news. [volume] (Newberry S.C.) 1903-1937, 1916-02-04
HOLDING MORE THAN ONE OFFICE
4 VIOLATION OF CONSTITUTION

n
The Record.
The Record has received the fol-
lowing statement of the facts as to
the law IN regard to persons holding
more than one office in this state, the
author of the statement being a we'll
known lawyer who has kept himself in
formed on this subject:
observe the following in your is
sue of yesterday: Maj. Jas. H. Ham
mond, Woo Friday was elected a trus-
tees of the Citadel academy, defeating
Gel. w. w. Lewis, chairman Of the
board, said that it is not his intention
TO retire from the legislature, but he
vii offer for reelection to the house
Of representatives. He considers that
beng trustee of state college does
lot iisqualify any more than his COM
mission as Lotary. Maj. Hammond is
al alumnus o. the Citadel"
l desire to call the attention OF my
friend. Maj. Hammond, and also to
your readers the following: Sec. 5S5,
Vol.II., of the Criminal Code reads as
follows:
Hsec. 535. Assumption of Office be-
fore qualifying and being commits
sioned.-It shall be unlawful for any
person to assume the duties of any
public Office until he has taken the
oath provided by the constitution, and
been regularly commissioned by the
Governor. The term public officers
shall be construed to mean all officers
of the state that nave heretofore been
commissioned, the trustees of the Tar1-
GUS colleges of the state, members OF
various boards, and other persons
whose duties are defined by law"
Section "a, Article III. of the state
constitution reads as follows:
Sec. "a. Holding Two Offices
No person shall be eligible to seat
in the general assembly while he
holds any office or position of profit
or trust under this state, the United
Stats of America. or any Of them, or
under any other power except officers
in the militia and notaries public, and
if any member shall accept or exercise
any of the said disqualifying offices
or positions he shall vacate his seat.
Also Article H., section 2 OF the
constitution reads as follows:
"But no persons shall hold two oftl-
ces of honor or profit al the same
time: Provided, That any person hold
ing another office, may, at the same
time, be an officer in the militia or a
notary public"
In constituting these sections of the
statutes and constitution, the former
attorney general, ]. Fraser Lyon, as
will be found in his reports to the gen
eral assembly says:
"a school trusteeship is an office
and a person holding this position can
not, at the same time, hold another
office in this state"
In another opinion he held:
at is unlawful for person to hold
the office of school trustee and at the
same time hold the office Of town
warden
In another opinion he 1eld:
That the probate judge OF Union
county could not hold the Office OF
school trustee under the constitution.
1t would seem from these sections
and from an opinion rendered by the
circuit court and afterwards affirmed
by the supreme court that Maj. Ham
mond is mistaken in his position, un-
less custom makes law when the con-
stitution is made applicable to mem
bers of the legislature, as there are
several of them today violating this
same law. Personally we have no in
terest in this matter, but we expect to
support Maj. Hammond for reelection
and he is the only member of the house