The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1895-10-01

8 report as proper and salutory. III
: trusted the convention would not
Y frightened by the shadow of possibl
I Tyranny into requiring future Cover
l nors to await the slow processes of tn
> courts. All knew how hard 1t was t
secure convictions in these cases. hoy
. easy 1t was even for men whose crime
were matters of common notoriety T.
} secure continuances and delays whil
} all the time remaining in office an,
plundering the public. Some of thes,
, men would actually take part In tn,
drawing of the juries before which
they were to be tried. In such CASE
convictions were actually impossible
The power to deal with embezzler,
and defaulters should be in the hand.
OF some one person who should be hello
responsible for the faithful perform
ance of his trust and who was better
able, who was in better position thar
the Governor elected by and repre-
senting the whole people, responsible
to them and expected to care for theil
interests. Mr.. Tillman concluded by
saying he had two amendments which
he proposed to offer at the proper time
and which he thought would improve
the minority report.
MIR. George Johnstone, who was far
down in the centre aisle, got the floor
and made very strong and energetic,
and at times impassioned and eloquent
speech. 1t was, he said, the duty OF the
convention not to determine If the exec
utive may become tyrannical, but to
provide that he shall not be tyranni-
cal. The czar OF Russia does not use
the power tyrannically, but in that
great empire there is neither political
nor personal liberty because the form
and laws OF the government make ty.
ranny possible. The question before
the convention was Of the deepest, the
most supreme Importance. 1t was
whether this State is to be governed
| by the executive or by the law, and in
that question lay all tho essential
can government and q despotism. 1t
was for the convention to decide here
| and now whether this State Is to be
ruled by the people or by the officials =
| whether it would make the executive
by law supreme and above both the
Legislative and judicial powers. If the
Governor was to have this power of
suspension over the county officers.
why not give him the same power over
all officials high and low? That would
be pure militarism. Under this pro JOS
ed section a sheriff might refuse to ex-
ecute process or to perform any Of the
functions OF his office, and thereby
paralyze the administration of Justice
within his bailiwick, and for conduct
so monstrous there would be no punish
ment; but let him be, however inno-
Gently, but ten minutes behind in ac-
counting for SIS of public funds and he
could be suspended without a moments
warning. II the justice of this princi-
pie of summary suspension by the ex.
ecutive was admitted in one instance
it must be extended to all. What was
the Governor? He was merely the
chief executive servant of the people
In the State as the sheriff is their
chief executive servant in the county.
Both were elected by the people.
Neither should be liable to removal
from Office, unless after conviction of
crime, except by the action of the peo-
pie.
Mr.. Tillman: "This report gives
the Governor power only to suspend on
a prima facie case of guilt"
Mr. Johnstone GA prima facie
case to the satisfaction of judicial
officer? No. To the abstraction of
the Governor. will go to any extent
with you to provide suspension,
removal or punishment after ju-
dicial investigation" Continuing, Mr..
Johnstone said it would be as proper
to include the State treasurer in the
list of officers subject to suspension.
Senator Tillman :" am willing to
include the State treasurer"
MIR, Johnstone: Then extend it to
all the State officials, and in the name
OF liberty tell me who is to suspend the
Governor on a showing or suspicion of
malfeasance !"
Mr.. Ragsdale objeo ed strongly and
especially to the manner of obtaining
Information of supposed malfeasance
or defalcation by public officials likely
to be developed under this section.
Mr. Parrott, of Darlington, said the
Federal government claimed and exer-
cised the right not only to suspend,
but to remove officials without judicial
process. There was no talk of tyranny
or danger from that among those who
seemed to be so sensitive on these sub.
jects. He had noticed that those who
were always ready to jump on the
State of South Carolina were the first
to cringe and submit before the power
of the United States. ALI these State
officials received their commissions
from the executive power and should
be subject to it. Some of them were
not elected by the people, but were APP
pointed and they were as good as any
elected. 1t had happened, and would
happen again. CndG UDe nOneSG yOe-
manry were deceived, and had put in
Office men who betrayed their trusts,
and there should be power to check the
wrong doing Of these men as soon as it
was discovered or there was good rea-
son to suspect 1T.
Mr.. Haynsworth said at the proper
time he Intended to submit an amend
ment, which he would read as part of
his remarks, as follows:
And in case of his being held by
the committing officer to answer the
charge before q court authorized to
| try the same, the Governor may, upon
the recommendation OF the Judge Of
the circuit where the officer resides
suspend such officer pending q judicial
investigation, and appoint some suita-
BILE person to perform the duties Of
such officer during such judicial in
vestigatiOn, and in case of conviction
such appointment shall continue for
the unexpired term"
Mr.. Haynsworth did not agree en-
tirely with the fears expressed by his
friends of misuse OF power by any ex-
ecutive, but he thought this amend
ment would remove the dangers OF
which they were so much in dread
Senator Tillman said he saw merit in
that amendment. All he wanted was
that somebody should have the power
to suspend an unfaithful official and
his fraudulent operations. He OBJ
| akn h~x 60 Ia h.,