The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1891-11-25

this officer was a detaulter az long ago as
last May. Nothing was said or done about IL
~ to whom the money vas due entered suit
to recover, When his case was not pushed at
the Fall term, he came TO me for redress. The
General visited Lexington. and
with large land sales advertised for the follow
ing Monday. The Grand Jury. which neces-
sarily knew OF the shortage, had failed to
any presentment, or 10 MENTION the
and had not the Clerk, who appears
unfortunate or careless rather than criminal.
voluntarily sent in his resignation, there was
absolutely no remedy under existing laws,
and he could have sold the land, pocketed the
money, and held the Office against my pro.
test till next term Of Court. The General
Assembly have q choice between two evils
giving more power TO the Governor, which
be abused as against a few men, or per-
hitting things TO remain as they are, TO the
injury Of the public at large, and producing
discomfort and n demoralized condition OF the
public service. II given authority TO correct
these evils. l will do it fearlessly. If 1t Is
thought better to trust to juries drawn by the
men who are to be tried, / am content. since
has been called to the matter and
the people can understand where the blame
rests.
Charleston SupervisOrship. d
AT your last session a law was passsd pro-
vidins for an entirely new registration in the
city of Charleston. under special Commits
SlODerS. Inc reason assignee were, ludG tue
old registration WINS largely fraudulent, and
under IL many citizens were disfranchised.
The work was performed in a highly salts
factory manner by the three Commissioners,
Messrs. Williams. Small and O'Neill. But
before 1t was completed (May 3lsD complaint
was made to me that Mr.. W.. Cantwell. the
Supervisor Of Registration for Charleston
County, into whose custody the new registra-
ton books were 10 be delivered, was a man
unworthy to hold SO important a trust
Charges were preferred against him OF dlshon-
orable and unfair conduct In holding O Demo
cratic primary and u request made for his re-
Cantwell was holding, at the time, the office
of Clerk 10 the Board Of County Commission
ers as well as that Of Supervisor OF Reglstra-
ton.
Section 81 of the Revised Statutes provides
that this officer shall continue In Office I'LL
his successor shall be appointed and shall
qualify: and he shall not be eligible TO any
other Office during the term for which he is
While l knew that the Supreme
had declared this provision OF the law
against mis- eligibility Unconstitutional, be.
lieviug that the Legislature which enacted
the law clearly intended that a Supervisor Of
Registration should not hold n office while
acting as Supervisor. ! promptly, removed
him on that ground and though did not
so state, 1 may as we'll say that I was also
largely influenced by the belief that the
charges against him were true, and that he
was not a proper person 10 hold the office.
biA a"o 6hp oePSet
ii he so desired, and learning that he denied
my right to remove him, l appointed MIR.
w. Williams Deputy Supervisor and or
dered the Special commissioners created by
books u him. This they did,
and Mr.. Williams held the office and dis
charged its functions until Judge Wallace Tin
surrender to the Master Mr.. Miles.
This action on the part OF Il Circuit Judge
was an extraordinary proceeding, and, while
the matter Is q trivial one and Iuight be dis
missed without a second thought. there Is In.
volyed a principle of vast Importance should
the dangerous precedent thus established be
allowed 10 go unchallensed:
In my opinion Judge Wallace presumed
when he undertook to review the
action OF the Executive at all, unless there
had been Il clear and unmistalzable usurpat1on
OF authority on my part. But when ne
strains the Interpretation OF a statute in Or
der 10 give excuse for interference With the
Executive, and at the same time usurps the
functions OF the Senate to accomplish his pur-
pose, 1t is time to treat the matter, graVely.
II Is, l think, ensy to show that he has done
both. Article /, Section 20, OF the Constltu-
ton OF South Carolina declares: "In the gov
ern ment OF this Commonwealth the Legtsla-
tive, Executive and judicial powers OF the
government shall be forever separate and dis
tinct from each other, and no person or per-
sons exercising the junction of one of said De-
partIncnts shall assume or discharge the du-
OF any other"
Here is clear and emphatic demand against
branch OF the government intermeddling
with the other.
Section 81, Revised Statutes, provides: "The
shall appoint, by and with the ad-
vice and consent OF the Senate, If in session,
and If not in session., subject TO the approval
Of the Senate at lis next session., and subject
10 removal by the Governor, by and with Inc
of the Senate, one competent and dis.
Greet person US Supervisor OF Registration"
This Ianprape anpears very plain. but Judge
did not interpret 1t rs did, or he
would have refused to hear arguments
against my action. Let us examine IT. the
is authorized TO appoint Supervis-
DrS, but the Senate must approve, he Is au-
to make such appointments while
The Senate Is not in session, but must submit
is appointment to IL when II meets. DE
may remove his appoiutees for cause, OF
minds than his ownD and once removed the
power that can reinstate him Is the Sem
ate. Judge Wallace contends that the power
OF removal cannot be exercised unless lne
is in session. If thisi is a proper inter-
probation, the Senate alone will hold the pow
er OF removal, and not the Governor and II
The Governor Is allowed 10 appoint during a
period when the Senate IS not In session SUP
ject to their approval, Is IL not clear that he
was expected To exercise that power in the
mt tier of removal also? II one provision
was necessary to guard against u vacancy
fIOm death or other cause, Is not the OLner
to insure the proper execution OF
he law!
Judge Wallace's decision paralyses the exc
cution OF the law should any supervisor re-
iuse or cgIec TO obey IT.. Take the case OF
w. !. McElroy, Supervisor OF Laurens Conn.
ty. The Senator and Representatives OF mat
County asked for his removal on the ground
of drunkenness and neglect TO open his Office.
removed him, but had he appealed 10 Judge
he would have been reinStited be.
cause forsooth the Senate was not In session !!
proposition is 50 absurd, and its conse.
uucnccS, If allowed, are so mOnStrUus, that IL
is almost impossible to refrain from charging
the Judge.wiLh partisan usurpalon OF the
Sruate's prerogatiye Tor the pun pose OF bring
ing the Executive into ~cUntempl-an evasion
Of the clearly defined powers ana duties OF
Two co.urdiuaee branches OF the government
for he not only ''aSsumed" to dismiss one OF
The Governors appointeeS. Deputy SnperVls-
or Williams. but To reinst;.te the officer re,
W.P, Cantwell, which power vested
with the Senate alone. And how did he do
this by what authority?
An appeal has Leen taken TO the supreme
l cannot pretend TO argue The law
point Is involved. for | am no lawyer: but an
Examination of Sections I3l, iS2, l33 ana i"l
uf the Code OF Procedure. under which Judge
acted, will show that they appear TO
have been miscOnstrued or forgotten. they
refer to "usurpation OF office" or refusal TO
surrender on expiration OF term or removal,
and a rule to show cause could only issue al
ter complaint and judg nIent.
Those Sections refer To an entirely different
OF affairs TO the one we have TO con
slider, and are provided as Il means OF getting
rid of Old officers attempting 10 hold over. hot
to the removal of new ones just Installed.
They give a Judge power to install an officer
newly elected Or appointed. not TO keep In or
an cid one who had been removed
10 law.
With this explanation l submit the matter
To tue consideration OF the Senate, couIIdent
that that body Will vindicute my action US
and defend its " prer0Eatlv'S.
lam aware llatin thus commenting Oh 4
Judges action | may be accused Of commit
ing the very oiicnse with which am charS-
ing Judge Wallace. viz. an INVASION OF Tue
lomain of IL coordinate department OF inc
The General Assembly enacts