The herald and news. [volume] (Newberry S.C.) 1903-1937, 1922-05-23
CAN TAKE CHOICE
OF TWO METHODS
TOMBSTONE ADVISED AS TO
LIEUTENANT GOVERNORSHIP
If He Accepts Place Vacated by
Harvey Viii Lose Seat-Not
Necessary to Qualify
The State, 10Th.

ADVISED Senator AldH 1oLhoVlloe VI
Newberry, president pro tenn of the
senate, that in case Senator john
stone acted as lieutenant governor
and as such assumed the duties OF
president of the senate. he would va
cate his seat as senator from New
berry county.
At the same time Mr.. Wolfe IN
formed Mr.. Johnstona that IN case ne
does not accept and qualify as lieu
tenant governor, he will retain his
seat in the senate as senator from
Newberry county, and the Office of
lieutenant governor will remain Va
cant.
Senator Johnstone does not wish to
become lieutenant governor If he
must vacate his seat in the senate and
last week he asked the attorney gen
eral for an opinion in the matter.
Mr.. Wolfe, in his letter, further de-
clares that constituting Sections Z and
of the constitution as necessarily
correlated, that in case Senator John
stone takes the place of the lieuten-
ant governor, ne must take the place
in face "for he thereby forfeits and
vacates his seat in the senate"
Letter of Wolfe
Mr.. Wolfe's letter is as follows:
Replying to your inquiry relative
to your preserving your status as
state senator in the general assembly
from New5erry county, in view OF
the resignation of the governor and
the consequent vacancy in the office
of lieutsnart governor, l advise that
by virtue of your holding the office
of president pro tenpore of the sem
ate, under the organization of that
body, you would, pursuant to Sec
ton s, Article 4 of the constitution
vacate your seat as senator in the
event you acted as lieutenant COVER
nor and as such assumed his duties
as president Of the senate.
"The senate is an inseparable
branch of the general assembly, and
only functions wnen that body is IN
session.
Section 5, Article 4 of the consti-
tuition provides that lieutenant gov
ernor shall be chosen at the same
time, in the same manner, continue
in the office for the same period, and
be possessed of the same qualifica-
tons as the governor, and shall ex-
officio be president of the senate.
Section of the same article of
the constitution provides thht the
senate shall. as soon as practicable
after the convening of the general
assembly, choose president pro tenn
pore to act in the absence of the lieu
tenant governor, or when he shall fill
the Office of governor.
"Section 8 of the same article of
the constitution provides that men,
Der of the senate, acting as governor
or lieutenant governor, shall there
upon vacate his seat and another per-
son be elected in his stead.
"Your term of Office as senator
does not expire, as l understand it,
until two years hence, whereas, at,
the convening of the next general as
sembly there will be a new organiza-
ton Of that body, involving on the
part of the senate the choosing OF
president pro tempore to act in the
absence of the lieutenant governor,
Who has assumed the duties and Of
fee of governor of the state.
"Construing Section and Section
s as necessarily correlated, the con-
clusion follows that where the presi-
dent pro tempore takes the place of
the lieutenant governor, he must take
the place of such Office in fact, for
ne thereby forfeits and vacates MS
seat in the senate.
Must Be Acceptance
"Throop on Public Officers, 1892
edition, Section 164, at page 173, lays
down this principle in such cases: An
appointment Or election to an office
is insufficient to vest the title o the
Office in the person chosen, without
proof of his acceptance thereof
This principle IS enunciated in the
case of Mitchell VS.. Jones, reported
in "a S. c., 487.
Section 20, Article of the con-
stitution, prescrj6es that the govern