The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1917-10-13
H0YT QUIT OFFICE.
CEASED TO BE. LEGISIAATOIs
WHEN HE LEFT SOUTH CAR
odNA, SAYS ATTORNEY
GENERAL.
Peoples Tells How He Thinks All Ex-
listing Vacancies should be Filled.

Columbia. Oct. S.-That James A
Hoyt. speaker of the house of repre-
sentatives. automatically reHqunished 4
his office and ceased to be member
of the Richland county delegation
when he removed to Detroit, Mich.
from COLUMBIA. is the opinion of Thos.
H. Peoples. attorney general, render.
eel today. Likewise. the opinion holds
that Mr.. Hoyt cannot legally accept
the resignation of any member of the
house and call an election for his
successor.
Mr.. Peoples gives it as his opinion
that the proper procedure would be
Tor the Democratic party organization
To hold n primary where there are
vacancies or contemplated vacancies.
name the nominees. and when Mr..
Hoyts successor Is elected he can ac-
cept such resignation and order a
general election. at which the nomi-
nees of the party can enter. The fol-
lowing Is the opinion:
Hon. James A. Hoyt. Detroit. Mich.
Dear Sir; Answering your letter of
the 9Th inst. in which you ask for ad-
vice as TO your authority to act as
speaker OF the house OF represent
atives I'm issuing writ of election to
MI vacancies which now exist i'm thai
body, | beg to advise that Section 25
OF Article III of the State Constitu-
ton provides that IL any person chos-
en- a member OF either house; that is.
senate ar house of representatives
shall depart tho state or become
otherwise disqualified to hold his seat.
writ of election shall be issued by
the president of the senate or speak
er OF the house OF representatives, as
the case may he. for the purpose OF
hlling the vacancy thereby occasion
ed for the remainder OF the term
etc.
Under this provision of the Con-
stitution n member OF the house leav-
Ing the State vacates his Office and
therefore loses the power TO act I'm IL.
am therefore. OF the opinion that
when you removed from the state you
lost your authority to do any further
acts as speaker OF the house OF repre- &.
sentatives and also as a member or
the house.
You state that member from
Sumter county has handed you mis-
resignation, and that you are request
ed to order an election to mn this va
cancy. While I do not think you have
authority TO order such election, the
house or representatives might sus-
tain the validity OF The election i'm the
exercise of It's powec to Judge and de-
termine the qualifications of it's own
members. hut my opinion is that the
order would he without legal author
ity and in violation OF Section 25 OF
Article III above quoted.
ut seems to me that the party Or
ganlxation could now have a primary
10 nominate a successor for rhc
vacancy occasloned by the resignation
or the member from Sumter. AS sooh
az the legislature meets in January 1t
VIII elect your successor as speaker.
VINO can then acccp. the resignation
ana immediately order an election fos
the successor. which can be held early
during the session. I'm time for tho
member-elect to take his scat. This
procedure would be strictly in COM
pliance with the Constitution AMI
merely delay tho filling OF the
vacancy for the few days necessary to
give notice OF and have an election
With kind personal regards and
best wishes. ] am. Yours very truly
(Signcd) Thomas III. Peoples.
"Attornev Cpnera %