The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1891-12-02

was necessary TO guard against a vacancy
non death or other cause, Is not The othel
necessary to insure the proper execution OF
the law!
Judge Wa!lace's decision paralyses the exc
cution OF the law should any supervisor re,
fuse or ;eg;eci 10 obey IL. Take the case ol
ty. The Senator and Representatives OF that
County asked for his removal on the ground
OF drunkenness and neglect TO open bis Office
removed him, but had he appealed TO Judge
Wallace he would have been reinStated be:
c:iusc iOrSooth the Senate was not III session
rIc proposition is so absurd, ana It's cOn>e'
queuccS. il allowed, are so monstrous, that !!
is .lu.us. mrOss ble TO refrain from charging
the .Judgc-with partisan uSurpat!on OF the
Srnate'S prerogat!ve tor the purpose Of bring
Inm the Executive into cuntemp;-an evasion
OF the clearly defined powers and duties 0!
TWO cO-Urdinacc branches OF the government
for he not only assumed To dismiss one o!
the Govern or 5 appontees. Deputy Snperv!S-
or Williams, but 10 rcinstatc the officer re,
moved, W. 7, Cantwcll, which power rested
with the Senate alone. And now ala ne Go
this: by what authority:
Auappcal has been taken TO the Supreme
Court | cannot pretend TO argue Inc law
points involN ed. for am no lawyer: buy an
examination .; sections Isl, i32, i@3 ana ir!
Of the Code .. Procedure. under which Judge
Wallace acted will show that they appear 10
have been III iSconStTucd or forgotten. They
refer 10 "uSurpation OF office. or 're!lsa! 10
surrender on expiration o term or removal,
and Il rule TO show cause could Oniy Issue al
ter complaint and judgment.
Those Sections refer to au entirely different
condition OF affairs TO the one we have 10 con-
slider and are provided as 4 means o. getting
rid OF Old officers attempting 10 hold over. no'
10 the removal uf new oucs Just Installed
They give Judge power TO install an othcer
newiy elected or appointed. not 10 keep IN or
reinStatc Az cid one WHO nad oeeH removed
according 10 law.
With this explanation I submit the matter
TO the consideration OF the Senate, confident
that that body Will vindcatc my action as
Governor and defend its own preroSativeS.
lam aware Tina. III thus commenting Oh a
Judges action | may be accused OF commit
l!ng the very o.lenSe with which am char2-
.Ug Judge Wallace. viz: AN invasion OF the
domain OF Coordinate department oi IEe
Government, The General Assembly cnactS
laws the judges cOnStrue them. ;lad the Gov
crnor executes. To say that 4 Governor
should not crIiciSe 4 Judge. even on the Su-
nreme bench, when The rights and powers OF
his Office are 1T issue, Is ABSURD. judges are
but men, and they are neither infaillble or
immaculate.
For the Executive and Legislative depart
lncntS TO submit in SlariSn silence 10 HErea-
sonab!e decisions would be a betrayal o! the
trusts repo>cd in them by the people.
! have Obey@d the Court. and am only resist
ing encroachment on my Office. There was
Siructiou was wrong, and he should nave
given the Executive the tenciit oi the doubt.
Before di>miS>iI the matter ! desire 20
point ont some OF the consequences which
have followed, and which will neccSSitatc
remedial action Judge Wallace appears 10
have become aware OF his mistake, tor while
declaring Cantwcll the legal Supervisor (re-
movable only when the Senate WAS il Ses-
Sion.) Yet he did rot place the registration