ADVISORY OPINION TO THE GOVERNOR

Tallahassee, May 12, 1913; To the Honorable Justices of the Supreme Court of Florida: Gentlemen— A gentleman who was elected to an elective State office at the general election held in this State November 5, 1912, to succeed himself, has filed with me a bond, an oath and the statutory commission tax as qualification for the issuance of a commission to such office. The bond and oath were both executed and filed with me May 10, 1913. The bond is predicated upon the said election. No qualification under said election was sooner made, though the election to said office was duly certified and not contested. In view of the provisions of Section 29S of the Gen eral Statutes and of the authority duly imposed upon the Governor by the State constitution to fill vacancies in offices, I have the honor to request the written opinion of the Justices of the Supreme Court as to whether under the constitution, as Governor, I am authorized to issue to the gentleman so elected and who has so tendered qualification papers a commission for the term of four years for which he was elected, or whether such commission should be issued upon an appointment to extend until the election and qualification of a successor to such officer. Very respectfully, PARK TRAMMELL, Governor.” STATE OF FLORIDA, SUPREME COURT, May 14th ^lS. To His Excellency, Park Trammell, Governor of Florida: Sir— Your communication has been duly considered. In effect your request is for an opinion as to your Executive power and duty under the constitution in issuing a commission to one who, at the general election held November 5, 1912, was elected to succeed himself as a State officer, but who, though his election to said office was duly - certified and the election was not contested, did not execute and file his oath of office and bond till May 10, 1913.. The provisions of the State constitution bearing upon, the-subject are as follows: “The Governor may, at any time, require the opinion til his successor is duly qualified, therefore there has been no hiatus in the office. Under the Constitution the Governor has the power to make an appointment and to issue a commission to fill the vacancy in the term of the office referred to, but the term of such appointment and commission “shall extend only to the election and qualification of a successor at the ensuing general election,” as required by Section 6 of Article XVIII of the Constitution. Very respectfully, Thomas M. Shackleford, R. F. Taylor, R. S. Cockrell, W. A. Rocker, J. B. Whitfield, Justices of the Supreme Court.