The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1891-11-26

me tier of removal aSoY u One provision
was necessary to guard against vacancy
nom death or other cause, is not the olher
necessary to Insure the proper execution OF
the luwy
Judge WaIlacs's decision paralyses the exc
cution OF the law should any super'isor so re, e,
w. II. McElroy, Supervisor OF Laurens Coan.
ty. The Senator and Representatives OF thal
County ask ed for his removal on the gronno
OF drunkenness and neglect TO open bis office.
I removed him, but had he appealed TO Judge
Wallace he would have been relnstaIeu Oe,
cause forsooth The Senate was not I'D session
The proposition Is SO absurd, and lts conse.
quences, II allowed, are so monstrous, that ~
! is almost Impossible to refrain from charging
the Judge.with partisan usurpation OF the
Scnate's prerogative Tor the purpose OF Dring-
Ing the Executive Into contempt-an evasion
of the clearly defined powers and duties OF
Two co. ordinaee branches of the government
for he not only assumed" to dismiss one OF
the Governors appontees. Deputy SnperVls-
or Williams. Lut to reinstate the olncer re,
moved, W.P, Canlwell, which power vestso
wIfh Lhc Senate alone. And how did he do
This by what authority?
AN appeal has ueen tuken TO the Supreme
Court. I cannot pretend 10 argue 'pe law
poin ITS involved. for am no lawyer: but am al
examination Of Sections 43l, 432. 133 anu ao4
of the Code OF Procedure. under which Judge
Wallace acted, will show that they appear 10
have been misconstrued or iorgotten., ahey
surrender" on expiration oi term or removal
and o rule to show cause could only issue ai-
ter com plalnt and Judgment.
Those Sections refer to nn entirely different
condition of affairs to the one we have 10 con-
slider, and are provided MS O means Oh gettlne
rid of old officers attempting 10 hold over, mol
10 the removal of new ones Just instalieu.
They give Judge power to install mn omcer
newly elected or appointed. not 10 keep In or
reinsiale an cid one who hnd been removed
according 10 law.
With this explanation submit the matter
ct nff confident
Governor, and defend Its own prerogatlvts.
lam aware thatin thus commenting on a
Judge s action may be accused OF commit
ting the very oftense with which am chars-
ing Judge Wallace. VIZ. an Invasion oil the
domain of c3-Urdinate department OF lne
Government, The General Assembly enncts
laws, the Judges construe them, and the Gov.
ernor executes TO say that Governor
should not critclse a j Judge even on the su,
preine bench, when The rights and powers OF
his office are ut issue, Is absurd. Judges are
but men, and they are neither in1alllDle OF
Immaculate.
For the Executive and Legislative depart
ments TO submit In savisn silence TO unrea-
sonabIe decisions would be ga a Delrasai oi inc
haye obeyed the Court, and am only resist
ing encroachment on my Office. There was
certainly grave doubt ms TO whether my coli-
structIoh was wrong, and he should nave
given the Executive tue benefit OF the DOUBT.
Before disinissirg tho matter | desire 10
point out some OF the consequences Wnieli
huve followed. and which will necessitate
remedial action Judge Wallace appears to
have become aware Of his mistake, for while
declaring Cantwell the legal Supervisor fe-
movable on ~ when the Senate was In ses-
sion } yet he did not place the registration