The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1889-01-17

which may defeat the right. BE has
tied his own hands and the States for at
least year. Suppose within that time
Miss Lee gets judgment for Fort Hill,
the balance Of the profits melts like snow.
Ifthe Governor. had signed the bill, he
would then, as chief executive, have been
master of the situation, but instead Of
that he has shorn himself of power by
its negative exercise. The course pur-
sued was partisan in its effect, and was
right in the face of the popular will just
expressed by 9 Legislature fresh from the
people.
"Then would you not have the Cover.
nor exercise his individual opinion against
the Legislature and veto measure upon
his own judgment2" :
He has the right to veto any measure
upon his OWN judgment. The power should
only be exercised in exceptional cases, and
never as partisan measure. The power
is intended to protect the State in cases
Of ill-ad7ised legislation, or unconstitu-
tional measures. In this case the
Governor has not vetoed the bill, but has
resorted to more objectional mode of
defeating it. It is an exercise of the
veto power under cover. The Constitu-
tion provides that if the Governor does
not approve ofa bill he shall re.lrn it
with his objection to the General
Assembly. The Legislature and the
people had right to e1pect;him to give
his reasons for Withholding assent.
Frankness required that he should have
given satisfactory REASONS to the people
for rejecting their wishes, or assumed the
responsibility Of acting upon reasons
which did not satisfy them.
"But the Constitution does not require
the Governor to veto every measure
which he does not approYe7"
No. But it would be a much better
method than to defeat it Indirectly,
The provision under which he is covered
is clearly intended to limit the veto
power, not to enlarge it. But he has
aYailed himself of this opportunity to
evade the check, and use it for exactly
the opposite purpose, and being shielded
by the letter Of the Constitution he has
broken the spirit of it, and exercised the
veto power in double aspect. he
defeats the measure, and at the same
time, :. afeats Mr. Clemson's trustees.
"How is that ? It is only temporary
suspension ofthe Law and of the rights oi
the trustees ?"
Yes, but have shown you how that
may effect entire defeat. If the tempo
rary injunction should be dissolved to.
morrow neither the Governor nor any
one else can aYail himself of the oppor.
tunity. Now observe, the CONSTITUTION
in providing the mode of making laws
does not confer upon the Executive the
power to continue or suspend the operas
ton Of an Act. It only restreins him
from returning it, unless the Legislature
prevents him from doing it. In this case
the Governor has converted the restrain.
ing clause into a positive power, which
is not in keeping with tfe purposes Of the
provision. He knew that the matter had
been fully and ably discussed in both
houses, and that the question of delay
was a partof the discussion. he had
had the bill long enough to consider it
It is, impossible to say the course was un.
.avoidable and impartial. If he had
really needed time to consider the bill
further, he was justifable in taking it
but to use the limitation to accomplish
indirectly what the provision never con.
templated, was mere expedientand an
unfortunate precedent.