The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-10-02

When Section ~ was reached MIR.
Efrd moved to take up the minority
report, which was as follows:
I'VE fully concur in the report OF
the committee so far as it goes, but
think the committee has acted unwise-
ly in declining to report the following
section and recommend that it be in
corporated in the report as section %.
Sec. 90. The governor shall have
the right to investigate, or to order an
investigation of all embezzlements or
appropriations of public funds to pri-
vate use by any county officer entrust-
ed with the care and disbursement
thereof; and in case Of prima facie
showing of emhezzlement, or appro-
priation of funds to private use, he
may suspend such officer pending a
judicial investigation, and appoint
some suitable person to perform the
duties of such officer during such ju-
dicial investigation, and in case of
conviction such appointment shall
continue for the unexpired term.
Respectfully submitted,
&c. M. Efird,
L. 8. Connor,
J. N. Estridge,
J.. T. Douglass"
Mr.. Gary moved to lay the minor
| ity report on the table:
This matter occasioned prolonged
debate. The chief point of difference
among the members who spoke was as
to the grounds-the information-on
which the governor should have the
power to remove an official alleged to
be a defaulter. 1t was thought by
some that such a power should be linn
tied and guarded-that care should be
taken against anything like hasty or
oppressive action on the governors
part.
Mr.. Haynsworth offered the follow
ing amendment to the section as
above given:
"Aud in case of his being held by
the committing officer to answer the
charge before court authorized to try
the same, the governor may, upon the
recommendation Of the judge of the
circuit where the officer resides, sus-
pend such officer pending judicial
investigation. and appoint some suita.
BILE person to perform the duties OF
such officer during such judicial inves-
tigation, and in case of conviction such
appointment shall continue for the
unexpired term"
Senator Tillman offered the follow
ing amendments:
"Amend by addingat the end: "All
papers in the case upon which action
was based shall be sent Immediately
to the solicitor of the circuit, who shall
at the next term of court for said
county prosecute the offender"
Amend by inserting on line 8, after
funds, the words, or money held In
trust"
Senator Tillman said the last amend
ment was necessary because judges of
probate and masters often had in their
hands private funds-the little alls,
sometimes, of widows and orphans.
"Unless you are so biased by partisan
rancor that you can see nothing but
opportunities for political advantages
he said passionateIy, II do not see how
you can object to the section with
these amendments.
To this time the president had held
that the minority report could not be
amended until after it had been adopt.
ed, but Mr.. Sheppard argued that as
the report was not offered as substi-
tute for a majority report, but was
simply an additional section proposed,
it was capable of amendment. The
chair concurred in this view, and MIR.
Johnstone Immediately submitted the
following amendment to Mr.. Hayns-
worth's amendment:
"Whonever bill of Indictment by
a grand jury shall have been found
against any county officer entrusted
with the care and disbursement OF
public funds, charging him with the
embezzlement of said funds or appro-
priation of them to private use, the
governor may suspend the said officer
and shall appoint some suitable per-
son to perform the duties of such Of
6ce."
Both Mr.. Johnstone's and Mr..
Haynsworth's amendments we're kill
ed.
Mr.. Glaze offered the following as a
substitute for section 90 as reported by
the minority of the committee:
"Whenever it shall be brought to
the notice of the governor, by affidavit,
that any county officer or any other
officer who has the custody of public
or trust funds is probably guilty of
embezzlement or the appropriation OF
public or trust funds to private use,
then the governor shall direct the i'm
mediate presentation of such officer by
the proper officer of the circuit in
which he resides and upon true bill
being found the governor shall sus-
pend such officer and appoint one in
his stead until he shall have been ac-
quilted by a verdict of the jury"
AS soon as this was read heads nod
ded all over the hall and there was
general expression of concurrence.
The substitute was put to the house
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