The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1891-12-01

power always imposes responsibility, and its
checked or punished by impeachment. Then
public opinion ms expressed ut the ballot box
affords a speedy corrective for any wrong To n
citizen which the Executive may do but
whether it is better to risk abuse OF power by
the Executive or continue 10 rely on laws
that are Imperative, is for tue General As
seinbly to determine.
1 Will illustrate. Take the case OF Sheriff
McTeer. of Hampton County. The Governor
received Information that a prisoner who was
under arrest ut his house In Brnnson for as.
sanlt and battery. with intent TO Kill, and for
whom n requfsitioD from the Governor OF
Florida had been granted for the crime OF
murder, would be allowed to escape. He no.
tilted tho sheriff ana warned him TO be on his
guard, but Notwithstanding this tho man did
get away and while the Sherif's illness pos
sibly caused the escape In this instance. is IT
been done about 1t?
Then the case OF tho Clerk of Court in Lex
der his own signature, in my omce) shows
Tint this officer was II deiaulter as long ago as
Till after the September Court. except the par
" to whom the money was due entered suit
10 recover, When his case was not pushed at
the Eau term, lie came To me for redress. The
Attorney General visited Lexington. and
found he Clerks office in II bad condition.
WIN large land sales advertised for the follow
Ing. Monday. The Grand Jury. which neces-
sarily knew of the shortage. had failed to
matter; and had not the Clerk. who appears
unfortunate or careless rather than criminal,
vSIuntnriiy sent In his resignation. here was
and he could have sold the land, pocketed the
money, and held the office against any pro
test Till next term of Court. The General
Assembly have IA choice between two evils .
giving more power To the Governor, which
may be abused as against II few men, or per-
nitting things TO remain as they are, to the
injury of the public Mt large, and producing
public service. If given authority to correc,
these evils. L VIII do 1t fearleSsly. If IT is
thought better TO trust to juries drawn by the
men II are to be tried, i am content. since
attention has been called to the matter and
the people can understand where the blame
rests.
Charleston SupcrVisOrship.
4 your last session a law was passsd pro
city of Charleston, under special Commits.
sioners, The reason assigned were, that the
ola Snd ireg 4 man% WAS largely {r@nanlSnt, and
me work was performed In u highly. salts
before 1t was completed May 3TsD complaint
was made to me that Mr.. w. L. CantweiI. the
supervisor of Registration Tor Charleston
County, into whose custody the new rcglstra-
lion books were TO be delivered, was II man
unworthy to hold SO Important a trust.
orable and unfair conduct In holding n Demo.
cratic m and n request made for his re-
Cantwell was holding, nj the time, the oficc
OF Clerk to the Board of County Commission,
ton.
Section 81 OF the Revised Statutes provides
tntt tuiS olllcST shall continue IN OfnCe I'LL
his successor shall be appointed and shall
qualify and he shall not be eligible 10 any
" nunnnGi @ inG HuIl X ne term for Which he Is
Court had declared this provision OF the law
ngainst mis- eligibility unconstitutional, be.
the law clearly intended that a Supervisor OF
Registration should not hold any Office Will,
n nim Gn a esa stg srSnna and ! PPTnS PROMPT r di% naI
so state, may ms well say that l was also
largely influenced by the belief that the
| CHARGES 81 IN inst Ia i'm fr,, ,,l th.t L..
Recognizing hls right of appeal to the Scma,e,
my right TO remove him, l appointed Mr.
Geo. w. Williams Deputy Supervisor and or
Act OF December II, $50, to turn over the neWS
registration books. to him. This they did,
and Mr.. Williams held The office and dis.
charged its functions until Judge Wallace On
June) issued u peremptory order for him to
surrender to the Master, MIR. Miles.
was an eXiraordinary pproc,cding,a me WIFI
the matter Is Il trivial one and might be dis.
missed without Il second thought, there is i'm.
vowed q; p~rinciplco of vast Importance should
the dangerous precedent thus established be
allowed To go unchallcnged.
oVcrihuch when lie undertook to review the
action OF the Executive at all, unless there
o. author:ty on my part. But when he
Straii.s the Interpretation of II statute in or
der to give excuse for interference with the
Executive, ana NJ the same time uSurpS the
functions of the Senate to accomplish his pur-
pose, IL Is time to treat the matter graVcly.
IL Is. l think, easy to show that he has lone
both. Article l, Section 20, of the Constitu.
ton OF South Carolina declares: ain the gov.
rnmen Of ms Commonwealih the Lcstha,
government shall be forever separate and dis.
tinct from each other, and no person or per.
sons exercising the function of one OF said DE
partincntS shall assume or discharge the du.
ties of any other"
Here is clear and emphatic demand against
one branch Of the government inlcrmcddling
with the other.
Section 81, Revised Statutes, provides 9TH,
governor shall appoint, by ana with the ad
vice and consent OF the Senate, If in session
and II not In session, subject 10 the approval
oi the Senate ut It's next session, and subject
tn removal by the Governor, by ana with tn,
consent of the Senate, one oinpetcnt and dis
erect person as Supervisor OF Negistration,
This Language appears very plain, but Judge
wallace did not interpret it as | ala. or h,
against my action. Let us examine II. The
faHvernor is authorized To appoint Supervis.
orS, buttDe senate must approve, He is an
thorizrd TO make snch appointments Will,
he Senate Is not In session. DGs MuSt submit
his appointment To IL when it meets. ne
may remove his appointces Cor cause, OF
course, however trivial or unlawful to Other
minds than his ownO and once removed the
only power that can reinstnte him Is the Sen,
OF removal cannot be exercised unless tho
senate is in session. II this is n proper inter
prctntion, the Senate alone Will hold the pow
cr OF rcm0va and not the Governor aud ii
the Governor is allowed TO appoint during II
" "ith u Ncllit - not II ScSlon SUD
Jcct To their approval, is IL not clear that h,
was expected To exercise that power in the
matter of removal also ? IL one provision
was necessary to guard against II vacancy
nom death or other cause, is not the other
necessary to insure the proper execution oi
the law
Judge Wallace's decision paralyscs the exc.
cnlion OF the law should any supervisor re
insc or neglect TO obey IL. TAX the case o.
W.T.. Mcl.lroy, supervisor Of Iaurcns Coun
~. The Senator and Representatives. of hal
county asked for his removal on the ground
OF drunkenness and neglect to open his Office
removed him, but had he appealed TO Judg
Wallace he would have been reinStatcd be
cause forsoo;h the Senate was not in session
Tie proposition is so absurd, and its conSe,
pucIccS, II allowed, are so monStrous, that ii
Is almost Impossible to refrain from charging
The j nugc:with partisan usurpation OF tho
Scnate'S prerogativc tor the pun pos" OF bring
ing the Executive into UntenIpt-a evasion
of the clearly defined powers and duties o
two co.ordinace branches of the government
for he not only ''nssumcd" To dismiss one q
the ti9yernor's nppointecs. Deputy Snpcrvis,
or Williams, but To rc!nstate the officer re
moved, w. Il, CantwclI, which power vested
with the Senate alone. And how did he dc
this by what authority
An appeal has Uccn taken to the supreme