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1875 Tennessee Attorney General Reports and Opinions 1 (1875)

handle is hein.sag/sagtn0172 and id is 1 raw text is: Opinion of Attorney-General J. B. Heiskell 1875 Hon. Jas. D. Porter, Governor, Sir: You desire my opinion whether vou have the right to appoint a member of the General Assembly as a judge upon his resignation of his office of leg islator. The Constitution, Art. 2, S'-c. 10, declares that no senator or representative shall during the time for which he was elected be eligile to any office or place of trust the appointment to which is vested in the Executive or the General Assembly except t. the office of trustee of a literary institution. Art. 2, Sec. 26, forbid that any person shall hIt more than one lucrative office at the sane time. Sec. 10 operates directly upon the right of-choice which you are to exercise, declaring that certain per- sons are not eligible: subject to be chosen. -hat in making your appointments you are prohibited fr appointing them. It does not prdhibit in di-:ct term their right to accept but your right to offer. 'FIi- distinction becomes important in considering the effect of certain cases supposed to give a constructi n to this clause. For the present however, the questi. is who is it that the Conqtitution prohibits yw giving office to. Does it inelt 'e every member f t', legislature and until the end of the two years for which he was elected. My opinion is clear that it does and that no re signation before or after the appointment can authirize such a choice The prohibition cf tie -air .S its termis. it exteiid t, : .i i ..* . Le*. Digitized from Best Copy Available