Pennsylvania Advisory Opinions February 13, 1903: AGO 159

Advisory Opinion Text

COAL, MINE INSPECTOR-ELECTION FOR SUCCEEDING TERM-REEXAMINATION-ACT OF JUNE 8, 1901.

A mine inspector, under the act of June 8, 1901, P. L. 535, to succeed himself, must be elected at the November election preceding the expiration, of his term, and must qualify for such election by again passing the examination required by that act.

Office of the Attorney General, Sir: Your letter of the 12th inst. has been received, stating that your term of office expires April 19, 1904, and asking whether, in order to succeed yourself, you must again run for the office at the November election in 1903, and asking further whether you must again pass a successful examination with the Board of Examiners.

Both of these questions I answer in the affirmative. You were elected for a definite term, and the term expires by its own limitation. The examination by which you were qualified for your place relates solely to that term and to no other. The vacancy that will occur through the expiration of your term must be filled by election as prescribed in the act of 8th June, 1901 (P. L. 535). A candidate must qualify in the manner prescribed by the act. The fact that you were qualified as a candidate for your present term does not dispense with the necessity of qualifying in like manner for a new election. A successful examination does not qualify for all time or for as many times as the successful incumbent sees fit to announce himself as a candidate. The examination in each case is only for the term then to be filled, and its efficacy extends no further. If you do not run as a candidate at the November election, 1903, and no successor is chosen at that time, I am of opinion that, under section 11, you would hold over until your successor is duly elected and qualified. Of course you could be that successor, claiming by a new election. Section 13 relates only to vacancies in case of death, resignation, removal or other vacancies before the expiration of a term.

Very respectfully,

HAMPTON L. CAESON, Attorney General.