The people's journal. (Pickens, S.C.) 1891-1903, 1895-10-03


in time without special meetings. Me-.
Montgomery withdrew his substitute.
Mr.. Derham's amendment was then
| adopted, without debate, leaving the
section as follows
"Section IL. He shall huvo power to
grant reprieves, combinations and
pardops after conviction (except in
| cases or lmpeachment) in such manner,
on such terms and under such restric-
| tions as he shall think proper: and he
shall have power to remit fines and
| 1orieltures, unless otherwise directed
by law. 1t shall be his duty to report
to the General Assembly, ut the next
regular session thereafter, all pardons
granted by him with tho report of the
board OF pardons. Every petition for
pardon on communication of sentence
shall be first referred by him to Il
board of pardon3, to be provided by the
General Assembly, which board shall
near all petitions, under such rules
ana regulations as the General Assom-
bly may provide. The Governor may
adopt tho recommendation of said
board, but in case he does not he shall
submit his reasons therefor to the
General Assembly.
Mr.. Dcrham moved to strike out the
last sentence Of the section, the effect
of which would be, he said, to make
the action Of the board Of pardons
final.
Mr.. Meares moved to substitute the
following for section | as reported
"Hc shall have power to grant re-
prieves, communications and pardOns
after conviction Except in cases Of i'm
peachment) in such manner, on such
terms and under such restrictions as
the General Assembly shall prescribe
and he shall have power to remit fines
and fOrfeitures unlcss otherwise di-
rected by law.
1t shall be his duty to report to the
General Assembly, at 5he next regular
session thereafter, all pardOns granted,
with a full statement of each case and
the reasons moving hereunder
point of order was raised against
this on the ground that it was virtually
the Same proposition that the conven-
tIon had refused to reconsider.
Mr.. Johnstone explained that there
was an important difference, in that
Mr.. Meares' amendment proposed to
lca7c with the General Assembly the
whole matter of regulating the grant
ing of pardOns.
Mr.. Mcares spoke at some length in
support of his proposition, which was
defeated by large majority.
Mr.. Dcrham argued in support of
his amendment. 10 lcavc the final
power OF determining pardons with the
Governor was to make the board q
nullity after creating it.
Mr.. Ehrd said the convention had
acted on the same principle involved
in this amendment and had decided
that the final power should be in the
hands OF the Governor.
Mr.. Derham's motion to strike out
was tabled.
GOVERNORS POWER or REMOVAL.
When section % was reached Mr..
lGhrd moved to take up the minority
report, which was as follows:
1--WE fully concur in the report Of
tho committee SO far as it goes, but
think the committee has acted un-
wisely in declining to report the fol-
lowing section and recommend that it
be Incorporated in the report as sec
tion %.
"Section 22. The governor shall
have the right to investigate, or TO
order an investigation Of all cmbezzle-
ments or appropriations of public funds
to private use by any county officer
entrusted with the care and disburse.
ment thereof: and in case Of q prima
facie showing of cmbeZZlcmcnt, or ap-
preparation of funds to private use, he
may suspend such officers pending a
judicial investigation, and appoint
some suitable person to perform the
duties of such officer during such
judicial investigation, and in case
of conviction such appointment shall
continue for the unexpircd term
Respectfully submitted.
sc. NJ Efrd,
l.. S. Connor,
j. N. Estridge,
J. II. Douglass"
Mr.. Gray moved to lay the minority
report on tho table:
Mr.. Eiird argued in favor Of the mi
nority report. Without a provision
of this kind there would be no check
on county officers, no means Of in
terfering with them in stealing public
or private funds. Experience had
proved that the average official bond
was Il poor dependence. n man might
be worth $4,000 today and nothing
tomorrow and it was almost impossible
to realize on such bonds.
Mr.. Lee, of Sumtor, opposed the
minority report. 1t left the Governor
investigation or time or notice for de-
fense. Under this section any future
Governor would have the power at one
sweep on the mere report Of some un-
derling to remove all the county and
fduciary officers chosen by the pco-
pie and replace tn I'm with his ap.
pointees, chosen, perhaps, to aid him
in robbing and plundcring. He urged
tho convention to remember that it
was creating dangers or safeguards for
the future, making an instrument to
endure ior years, during all kinds Of
changes and contingencies, undcr
which many kinds of men would hold
Office and power. The grand jurics OF
the counties always investigated the
conduct Of the county Offices thorough
ly and deliberately and could be
J trusted to detect and report wrong
doing and to prosecute it to punish
mcnt and protect their communities
Under the section proposed in the
minority report the sheriff OF sumter.
good and faithful officer, woIld have
been subject to instant suspension not
long ago for an entirely innocent error
in crediting himself with fees ON Ger
tain nulla bona tax returns. He had
no doubt there had been and would be
manu- al I'M lar instappos in the