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

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hat there is no possibility Of the Executive
inving the laws "ftithrully executed" unless
his hands arc strengthened. The exercise OF
power always Imposes responsibility, anu us
yranncal abuse by the Governor can be
checked or punished by Impeachment. Then
public opinion ns expressed Mt the ballot box
affords speedy corrective for any wrong to q
citizen which the Executive may do; but
1t Is better to risk abuse OF power oy
The Executive Or continue TO rely on laws
that are imperative, Is for the General AS
senbly 10 determine.
/ will illustrate. Take the case of Sheriff
McTeer. Of Hampton County. The Governor
received Information that prisoner who was
under arrest ut his house in Brnnson for rs.
sault and battery with intent to XIII, anu Tor
whom requisitlOn from the Governor OF
Florida had been granted for The crime OF
would be allowed TO escape. lie no.
tilted the Sheriff and warned him TO be on his
guard, but Notwithstanding this the man did
get away; and while the Sherif's illness pos
Sibly caused the escape In this instance. Is 1t
reasonable to think anything would have
been done about 1t?
Ingtor. Evidence IAN acknowledgement un-
der his own signature, in my office.) shows
that this officer was defauller as long ago as
last May. Nothing was said or done about u
Till after the September Court. except the par
ty to whom the money was due entered suit
to recover, When his case was not pushed at
the Fall term, he came to me for redress. Inc
General visited Lexington. and
found the Clerks office In bad condition.
wi tn large land sales advertised for the follow
ing Monday. The Grand Jury. which neces-
sariy knew Of the shortage, had failed to
make any presentment, or 70 mention the
matter; and had not the Clerk. who appears
or careless rather than criminal.
volunt tarily sent In his resignation, there was
absolutely no RENE edy under existing laws,
and he could have sold the land, pocketed the
money, and held the office against any pro.
Assembly have choice between two evils,
giving more power to the Governor, which
may be abused as against few men, or per
milling things 10 remain as they are, 10 the
injury of the public at large, and producing
and q, demoralized condition OF Inc
public service. If given authority. 10 correct
these evils. will do 1t fearlessly. II 1t Is
thought better to trust to juries drawn by Tue
men who are to be tried, am content, since
attention has been called 10 the matter and
the people can understand Where the Dlane
rests.
Charleston SupervisOrship.
At your last session law was passsd pro
viding for an entirely new registration IN tne
city of Charleston. under special Commits
old registration was largely fraudulent, and
under 1t many citizens were dlsfranchlsed:
The work was performed In hlghly sat!s
factory manner by the three Commlssioners
Messrs. Williams. Small and O'Neill. But
before 1t was completed (May 3lsD complain
was made to me that Mr.. w. P. Cantwell. the
Supervisor Of Registration for Charleston
County, into whose custody the new registra'
tion books were to be delivered, was mar mar
unworthy to hold SO important trust
Charges were preferred against him OF dishon
orable and unfair conduct In holding Demo
cratic primary and request made for bis re
rnovai. Upon Investigation found Ina
Cantwell was holding. al the time, the once
OF Clerk 10 the Board OF County Commission
ers as well as that OF Supervisor OF kegistra
tion.
Section OF OF the Revised Statutes provides
that this officer ''shall continue In Office u
his successor shall be appointed and shal
qualify: and he shall not be eligible 10 any
other office during the term for which he II
appointed" While knew that the Supreme
Court had declared this provision Of the Law av
lfeving that the Legislature which enacted
the law clearly intended that Supervisor o
Registration should not hold any ofhce while
acting as Supervisor. ! promptly removed
so state, I may as well say That was also
largely Influenced by the belief that The
charges against him were true, ana thai nj
was not proper person 10 hold Inc once
RECOGNIZING his right OF appea 10 me Sennae nlee
my right ITO remove him. appointed Mr.
Geo. w. Williams Deputy Supervisor and or
dered the Special Commissioners created oS
registration books to him. This they, did
and Mr.. Williams held the office and dis
charged Its functions until Judge Wallace III
June) issued peremptory order for MIN tc
surrender to the Master. MIR. Niles.
This action on The part OF Circuit judge
was an extraordinary proceeding. ana, Wnll'
the matter Is d trivial one aud might be dis
missed without Il second thought. there Is ID
volved principle OF vast Importance shoult
the dangerous precedent thus established o'
allowed 10 20 unchallenged.
In my opinion Judge Wallace presumed
overmuch when he undertook 10 review the
action OF the Executive at all, un less tnere
had been a clear ard dunmistakable usurpatioI
Of authority on my part. But when ht
strains the Interpretation OF statute In or
der to give excuse for interference with ths
Executive, and at the same time usurPs lnt
functions Of the Senate to accomplish his pur
pose 1t Is time TO treat the matter graveIy
II is, think, easy to show that he has done
both. Article !, Section ~, OF the Constitu
tion OF South Carolina declares: In the gov
rnment Of this Common wealth the Leg,sia
tive, Executive and Judicial powers OF t1s tne
government shall be forever separate and Oils
tInct from each other, and no person or per
sons exercising the function OF one OF said De
partments shall assume or discharge the du
lies OF any other"
Here is clear and emphatic demand agains
with the other. amt.
Section 81, Revised Statutes, provides: "Th'
Governor shall appoint, by and with the ad
vice and consent OF the Senate, II IN session
and If not In session, subjccl TO the approVa
Of the Senate at It's next session, ana sup)ec
TO removal by the Governor, by and with tnt
consent OF the Senate, one competent ana dls
Greet person ns Supervisor OF Registration,
&c.
Wallace did not interpret IT as did, or ~
would have refused to hear arguments ,,
against my action. Let us examine III. Int
Governor is authorized 10 appoint SuperV,S y,
thorIzed 10 make such appointments whiit
the Senate ls not In session. but must submI'
his appointment to 1t when IT meets. d.
may remove his appointees for cause,
course, however trivial or unlawful 10 othe
minds than his own } and once removed th'
only power that can reinstate him is the sen
ate. Judge Wallace contends that the pnwe
Of removal cannot be exercised unless I'M
Senate Is In session. II this Is proper IN tel
probation, the Senate alone will hold the pow
cr OF removal, and not the Governor; anu J
the Governor Is allowed 10 appoint during {
period when the Senate Is not In session. suo
ject to their approval, is 1t not clear tnal n
was ex pected To exercise that power IN ~
rnI tier of removal also9 II une provision
was necessary to guard against Vacanc.
nom death or other cause, Is not tne olhe
necessary to Insure the proper execution o
the lnwy
Judge WaIlacss decision paralyses the exc
cution OF the law should any Supervisor re
fuse or neglect to obey IL. Take the case Q
W. r. McElroy, Supervisor OF Laurens Copn
ty. The Senator and Representatives ol tna
County asked for his removal on the gronnt
OF drunk enness and neglect TO open bis office
I removed him, but had he appealed TO Judg
Wallace he would have been reinstateu be
cause forsooth The Senate was not IN session
THE proposition is so absurd, and It's conse
ouences, IL allowed, are so monstrous, that