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


lat there is no possibility Of the Executive
!aving the laws faithfully executed uuie>S
lis hands are strengthened. The exercise "l
roWcr always imposes responsibility. ana itH
yr.:nnical nnu.;s. hr the Governor can be
heck c.i 81. punished hy p"st"hin"n:. inch
public crilijon ~ expressed n .lr haliOt box
,;lor,,> :; >r"",." corrective for iiny wr"u@ "a q
:i;;I"D which Ike Executive may do: put
r;;cl,.cr Is i: better to.:!Si abuse OF power p3
IL. Executive or continue 10 :"iy oD laws
.!a; are ;fouur.Iiv!, is for th" General AS
scInhiE' la determine. .
/ wii illustrate. Take the case OF sheriff
Icrccr. Of Hampton County The Governor
received Information that prisoner VINO WIS
under arrest ut his house in BrunSon !oT as
Sa,Ilt and battery with intent to XIII. ana !"i
whom Il re1ui>jiiOu from the Governor o.
Florida had been granted for the crlm2 oi
murder would be allowed 10 escape. He no
tilted the Sheriff and warned him 10 be on lilS
guard, but Notwithstanding this the man dld
set away: and while The sheriff Illness pos
>ih!r caused the escape In this instance. Is IL
reasonable TO think anything would have
been done about it"
Then the case Of the Clerk of Court in Lex
ingt"n. Evidence Gan acHn"wledS'nen. uh-
der his own signature, in !ny 0tilcc.) SHOWS
that t:IiS officer was t:e:lu Ter rs long ago as
last May Nothing was SAT-! or done about IL
till after the September Court. except tae par
ty TO whom the money was dHc entered Snit
the Fall term. ne came 10 me Tor redress. me
Attorney General visited Lexington. ana
found The Clerks office in q bad condition.
with large land sales advertised ioI lHe lo!lo"-
ing Monday. The Grand Jury. which neceS-
S.riiy knew of the shortage, had ialIed 10
make any prcScntment, or 10 uent!on the
matter; and had not the Clerk. VINO appears
or careless rather tn;ln crihilnai-
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 any pro,
test till next term Of Court. Inc Generai
Assembly have q choice between two evils :
.ivin" more power to the Governor, which
may be abused rs against Il few men. or per-
mitting things 10 remain as they are. 70 tae
injury OF the public at large. anu producing
discomfort ana demoranZed condition o! th-
public service If given authority TO correct
these evils l will do it iearleSs!y. II 1t i
thought better to trust To JurieS Drawn by the
men who are To be tried. l am content, since
attention has been called 10 the matter ana
The people can understand where the blame
rests.
Charleston supcrvisersl:iD.
your last session law was passsd pro
vidinc tor an entirely new registration IN the
city OF Charleston. under special Coinnls'
SiouerS. The reason assigned were, that the
old registration was largely fraudulent and
under it many citizens were dIstranchlSeo
The work was performed in a highly satlS-
MesSrs Williams, Small: and O'Neill. But
before it was completed May 3lsD complaint
was made to me that Mr.. W. p. Cantweil. the
Supervisor of Registration for Charleston
county. into whose custody the new reglStra-
ton books were to be delivered, was a man
unworthy to hold so important a trust.
Charges were preferred against hlm OF dlshon'
orab!e and unfair conduct in holding Demo
cratic primary and request made Tor MS re
lnoval. Upon investigation l found that
~ hOl6inp O1Ilce
OF Clerk TO the Board OF County Commission
ers as we'll 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 snail
qualify: and he shall not be eligible 10 any
other office during the term FOR which he Is
appointed" While knew that the supreme
Court had declared this provision Of the Ia"
against Ms eligibility unconstitutional, pc
!ieving that the Legislature which enacted
the law clearly intended that supervisor o.
Registration should not hold any Office while
acting as Supervisor, / promptly removed
him on that ground and though did not
so state, may as well say that was also
largely Influenced by the belief that the
charges against him were true, and that ne
was not q proper person 10 hold the oilce
Recognizing his right o: appeal TO the Seua te
il he so desired, and learning that he denied
my right to remove him. appointed Mr.
Geo. w. Williams Deputy supervisor and Or
iered the Special Commissioners created by
Act Of Decen Der 81, 1890, to turn over the new
registration books to MIN. This they did
and Mr.. Williams held the office and DIS
charged its functions until Judge Wallace or
June issued peremptory order Tor MIN 10
surrender to the Master, Mr.. Miles.
This action on the part or a circuit j uQSe
was an extraordinary proceeding, ana, Wnllt
the matter Is a trivial one and might be dis
missed without a SECOND thought. there IS IN
volved principle of vast Importance shou!d
the dangerous precedent tEuS eStaOIlsneu be
allowed 10 90 unchalltnged.
In my opinion Judge Wallace presumed
overnnuch when he undertook TO review the
action of the Executive at al, unless there
had been a clear and unnIlStakable uSurpatlon
Of authority on my part. But when he
strains the Interpretation OF statute IN or
der TO give excuse for interference Win the
Executive, and al the same time uSurps the
functions of the Senate 10 accomplish his pur.
pose it is time TO treat the matter. gravely
1t is. think, easy to show that he has done
both. Article |, Section 26, OF the CoDstltu'
lion oi South Carolina declares: I'm the gov
rnment OF this Commonwealth the LeEisia-
tive, Executive and Judicial powers OF the
government shall be forever separate and dis-
tinct from each other, and nc person or per-
sons exercising the junction OF one OF SAID De
partments shall assume or discharge the du'
ties OF any other.
Here is clear and emphatic demand against
one branch OF the government !ntermeddilng
with the other.
Section 81. Revised Statutes, provides: "The
Governor shall appoint, by and with the a"
vice and consent OF the Senate, if in session
and If not in session, subject TO the approval
of the Senate at It's next session, and Supjec'
10 removal by the Governor, by and VIII tne
consent Of the Senate, one competent ana dis
Greet person as supervisor or RfSlslrauoh,
&C.
This language appears very plain, but udse
Wallace did not interpret il as did, or he
would have refused TO hear arguments
against my action. Let lis examine 1t. Inc
Governor is authorized 10 appoint SuperFls-
ors but the Senate must approve. He IS au'
thoriZrd 10 make such appointments whiie
the Senate Is not in session. but must submit
his appointment to IL when 1t meets de
may remove his appointeeS (tor Cause, .!
course. however trivial or unlawful 10 other
minds than his own,) and once removed the
only power that can reinState MIN is the Seh'
ate. Judge Wallace contends that the power
of removal cannot be exercised unless the
Senate is in session. Ii this is proper inter
probation, the Senate alone VIII hold the pow,
er OF removal, and not the Governor; and !!
the Governor is allowed 10 appoint darHS a
period when the Senate l. not IN session suo'
iect to their approval, is il not clear that lie
was expected TO exercise that power IN me
matter of removal also? III one provision
Was necessary 10 guard against vacancy
nom death or other caESe, Is not Tue othel
necessary to insure tile proper execution vi
the law
Judge Wa!lace's decision paralyses the exc
cution OF the law should any supervisor re,
fuse or ;!eg,eci to obey IL. Take the case ol
W. +. McEiroy, supervisor OF L.aurens Eonn,
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 10 Judge
Wallace he would have been relnStated be.
carse f0rSoo,h the Senate was not in session
rHc proposition is SO absurd, and ITS c0nse-
queuccS, il allowed, are so mon>trous, that !!
is ~ most mrOSsI bic TO refrain from charging