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

son TO suspect it.
: MIR. Haynsworth said at the prope,
. Time he Intended to submit an amend.
1 ment, which he would read as part OF
his remarks, as follows:
I And in case OF his being held by
The committing officer to answer the
! charge before Il court authorized to
try the same, the Governor may, upon
inc recommendation Of the Judge Of
) the circuit where the officer resides,
suspend such officer pending Il judicial
investigation, and appoint some suitu-
: pie person to perform the duties of
such officer during such judicial in
vcsIigation, and in case of conviction
such appointment shall continue for
! the uncHplreu term"
Mr.. uaynsworth did not agrcc en-
tlrcly 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 Illlman 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
Jectcd, however, to haying tho suspcn.
sion recommended by II judge, who
might possibly have to try the case
Ii the Judge was fit to recommend The
suspension, why wasn't the Governor
lit to elect 1T oi his own motion. This
was not petty or personal matter.
1t was one involving the rights and in
tcrcsts of the people.
Mr.. d. 5. Henderson asked Senator
| Illiman to submit his proposed amend
mcnts. They were read us follows:
| Amend by adding at the end
All papers in the case upon which
action was based shall be sent immc-
diatcly TO the solicitor of the circuit,
who shall at the next term Of court for
said county prosecute tLc offender"
Amend by Inserting on line S, after
funds, the words, or money held in
, trust"
| Senator Illlman said the last amend
mcnt 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 arc so biased by partisan
rancor that you can see nothing but
opportunities for political ndvan-
tages,' he said passionatcly, Z" do not
see how you can object to the section
with these amendments"
Mr.. Johnstone rose and began to say
) that he, too, saw merit in the amend
ment offered by Mr.. Haynsworth,
: when he was called to order by Mr.
! Burn Oh the ground that he had alread,
, spoken on this subject.
, Mr.. w. b. Wilson said the propos &C
amendment provided that men shoult
= be punished in advance OF trial and with
i out being informed. of the accusation
against them on being confronted will
| tho Witnesses.
, Senator Tillman said that was strain
ing the uill OF rights pretty fine.
Mr.. Wilson said there could be nt
worse punishment to Il self-reSpcCtin2 2
man than the open. public disgrace Ol
being removed from his ollicc and held
under presumption Of guilt and de-
barred from his cmOlumcnts and duties
FOR weeks or months, pending invcsti-
cation. The man appointed in the
place Of q suspended officer and most
nearly Interested in securing his con
victlon would be put in position to
manufacture evidence against him by
having access TO his books and papers.
MIR. Prince, of Anderson, said as far
as that went suspension by the grand
jury or a Judge, which he understood
Alr. Wilson to favor, would be as much
| punishment and disgrace in advance
OF trial us suspension by the Governor.
Mr.. Johnstonc said he, for one, would
| be glad to agree to give the grand Jury
| power to suspend officials.
Mr.. Sheppard suggested an amend
mont provided that officials be sus-
pended by the Governor on rccommcn-
dation OF the grand jury.
TO this time the president had held
that the minority report could not BE-
| amended until after it had been adopt
cd, but MIR. Sheppard argued that lis
| the report was not offered as Il Substi-
tntc for Il majority report, but was
SIMPLY an additional section proposed,
1T was capable Of amendment. The
chair cOncurrcd in this view, and Mr.
Johnstonc Immediately submitted the
| following amendment to Mr.. Hayns-
! wOrth's amendment
Whenever Il bill Of Indictment by Il
grand jury shall have been founl
against any county officer entrusted
with the care and disbursement Of
| public tunds, charging him with the
cmocZHlcmcnt 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
| fec"
Mr.. HaynswOrth claimed that his
amendment threw sufficient safeguards
| around the power Of suspension, and
argued that the grand jury is not al
ways IN session and that mischief
hiiS h1 W uoilc ny COFTupJ olllclal IN
| intervening time.
Mr.. JOhnStonc said the difference be-
tween his amendment and the origi-
nal proposition Of the minority report
| was the difference between the Amcri-
can and the continental systems OF gov
| crnmcnt.
Mr.. ParrCtt took another turn ut the
postolicc comparison, and injected
some more sarcasm into the discussion.
He said gentlemen on the other side
who were SO fearful OF future tS ranny
reminded him Of Mr.. TalbLrts story
OF the old woman who nearly cfied
herself to death at the edge Of u prcc-
| ipicc thinking Of the child she might
have had which might have gone that
way and fallen over.
Mr.. w. d. Evans also made some
what humorous speech, Introducing
himself as plain farmer fresh from
the people, whereat there was laugh
ter. He c0ntcnded that the minority
report only proposed to give the Cover
nor power to properly investigate re-
ported cases OF malfcasance and dcfal-