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

near ali petitions, under such rul(
AMI regulations as the General Assem-
bly, may provide. The Governor ma
adopt the recommendation of sal
board, but In case he does not he sha
submit his reasons therefor to th
General Assembly.
Mr.. Derham moved to strike out th
last sentence OF the section, the effec
of which would be, he said, to max
the action of the board of pardon
final.
Mr.. Meares moved TO substitute th
following for section IL as reported
"He shall have power to grant re
prieves, communications and pardon
after conviction Except in cases OF i'm
peachment) in such manner, on suol
terms and under such restrictions a
the General Assembly shall presceb
and he shall have power to remit fine
rected by law.
1T shall be his duty to report to thu
General Assembly, at the next regular
session thereafter, all pardons granted
with full statement of each case ant
the reasons moving hereunder"
A point OF order was raised against
this on the ground that 1t 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
lea7e with the General Assembly the
whole matter of regulating the grant.
ing of pardons.
| Mr.. Meares spoke at some length In
support Of his proposition, which was
defeated by large majority.
Mr.. Derham argued in support CT
his amendment. To leave the final
power of determining pardons with the
Governor was to make the board q
nullity after creating it.
Mr.. Efrd 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 OF REMOVAL
When section 90 was reached Mr.
Efird moved to take up the minority
report, which was as follows:
"We fully concur in the report of
the committee 80 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 %. The governor shall
have the right to investigate, or TO
order an investigation of all embezzle-
ments or appropriations of public funds
to private use by any county officer
entrusted with tho care and disburse.
ment thereof; and case of prima
facie showing of embezzlement, or ap-
preparation of funds to private use, he
may suspend such officers pending
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 unexpired term.
Respectfully submitted.
&C. Nj. Eird,
l.. S. Connor,
j. N. Estridge,
j. T. Douglass"
Mr.. Gray moved to lay the minority
report on the table
Mr.. E6rd argued in favor of the mi
nority report. Without 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
be worth $4,000 today and nothing
tomorrow and it was almost impossible
to realize on such bonds.
Mr.. Lee, OF Sumter, opposed the
minority report. 1t left the Governor
absolute, unrestricted power without
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
fiduciary officers chosen by the peo-
pie and replace thsm with his ap-
pointees, chosen, perhaps, to aid him
in robbing and plundering. He urged
the convention to remember that 1t
was creating dangers or safeguards for
the future, making an instrument to
endure for years, during all kinds OF
changes and contingencies, under
which many kinds of men would hold
Office and power. The grand juries Of
the counties always investigated the
conduct of the county offices thorough
ly and deliberately and could be
trusted to detect and report wrong
doing and to prosecute 1T to punish
ment and protect their communities.
Under the section proposed in the
minority report the sheriff OF Sumter,
good and faithful officer, would have
been subject to instant suspension not
long ago for an entirely innocent error
in creditiug himself with fees on cer-
tain nulla bono tax returns. He had
no doubt there had been and would be
many similar instances in the eX-
perience of other counties and officers.
Mr.. Gray renewed his motion to ia
BILE the report just as Mr.. b. II. Till
N an rose and signihed his purpose 10
speak. Mr.. Tillman looked In astonish-
ment at Mr.. Gray, who, however, in
sisted on his motion to table. When
it was urged that this would cut Off
debate, he replied that that was pre-
cisely what he wished 10 do az the con.
vontion had heard each side OF the
case strongly presented, and he wanted
to save time. In response to appeal
ing looks from Senator Tillman and
too many expostulations, some of
which, as was subsequently developed,
| were from gentlemen who were them
selves pregnant of oratiOns, Mr.. Gray
at last consented to withdraw his mo-
tion and Senator TilDnan proceeded To
speak.
The Senator said an instinct
with the Anglo-Saxon to pe ever jeal
Gus of his liberties and of all encroach
ment. But in this special matter he
had had experience and as he expected
never to have any more OF the same
kind he could, perhaps, be given credi
for disinterestedness. The gentle
man from Sumter had dwelt will
feeling and eloquence upon the In
Justice that might be done by the ex
ecutiye should IL wish to tyrannZ