The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1896-08-11
THE GOVERNOR LIABLE TO ARREST.
HE is NOT ABOVE THE LAW.

HE Is NOT ABOVE THE LAW.
A Strong and Cogent Opinion From
the City Attorney of Florence
The Council Sustains Him and
Condemns the Governor.
Mr.. George G. Thompson, the city
attorney of Florence, has addressed
the following letter to the,City Council,
in view of the recent action of Gov
ernor Evans in defying arrest for
breach of the peace:
"FLoRENCE, S. c., July 81, 1896.
To the City Council:
On last Friday, j. Gary Evans, who
holds the official position of Governor
Of the State Of South Carolina, and
Joseph Fl. Earle, a judge of the Circuit
Court of this State, each in his person
al and private capacity, and exercising
the right held by every citizen Of this
State, was addressing in public within
this city a large number Of citizens,
each ~endeavoring according to his own
methods. TO secure the votes of the
people OF this county. During the pro-
gress of this meeting these two politi-
cal contestants became engaged in a
personal combat. Hundreds of men
were present; some drew pistols, others
made ready for their use, excitement
a high. One stray shot by any eX-
cited spectator would in all probability
have precipitated a riot and many lives
might have been sacrificed. The
peace Of the city vas jeopardized and
its laws violated.
/ was communicated with by the
mayor and advised him that these
parties could and should be arrested,
without regard to their official posi-
tiOns. Warrants were accordingly
issued, charging them with hghtlng
and breach of tho peace. Joseph II.
Earle rendered ready obedience, but j.
Gary Evans resisted and deied the law.
He told the chief Of police 10 take the
warrant back to the mayor with the
contempt it deserves" and that he
considered it an insult" He informe /
the mayor hat he could not DO ar
rested; that the only way to reach him
was by impeachment. He threatened
to use the power Of his office to pro-
tect him from the consequences of the
broken law. He threatened to take
charge OF the mayor and the town." or
words to this effect. We are left to
conjecture as to precisely what j. Gary
Evans meant by taking charge of the
town" AS interpreted at the time by
several of his constablcs (who were
with him at the time of the attempted
arrest) it was an unworthy and unlaw-
full threat to resort to the metropolitan
police. j. Gary Evans was not arrested.
He left the city and has since boastcd
through the press that the town
authorities ~apologized for the at
tempted atfront to "his excellency."
| never advised that the Governor
could be arrested, but then advised,
and still reitcratc that j. Gary Evans
; could and should have been arrested,
..ua ,in' without regard to his Official
,r-iti"a and without regard to consc-
queues, wen if it required every man
IN the city to accomplish it, and even
If it ~cntailcd the severe penalty Of
metropolitan police.
Is his novel position. that he is above
the law, sound from any point of law or
reason? From the standpoint Of reason
such IL position, in the expressive Ian
guage of The News and Courier, is
simply monstrOus," and coming from
the person claiming the exemption,
can only be accounted for on he theory
Of total ignorance OF the first principles
Of republican government, or such q
diseased imagination as approximates
the condition our friends, the doctors,
would call "dementia Of egotism."
Such an exemption could only arise
under tho common law or by statute,
including the constitution. The com
mon law can hardly be appealed to, for
no such Office Is known to it, for it is O.
creation of the constitution. IL could
arise from the III law on the
theory Of 'kingly prerogative," in
herited from the sovcreigns OF England
n 1T seem that our Governor rests
his cas- on this theory, for he inform
.l 49, .,,~ tl.t a.. - -. -
arrested than the liking (~sovereign) Of
England, !" or words to that effect, for
getting at the moment OF this ridicu-
lOus assumption Of ''kingly preroga-
tive" that the doctrine of the liking
can do no wrong has no place among
republican. simplicity: that in a
monarch the sovereignty resides In the
person of the king, but in n re!Gn'ic
this sovereignty abides in the people.
The constitution which creates his
Office give him no comfort in this re-
markable assumption. Article 2, sec
ton ii, article 3, section IA, and arti-
Gle ID, section 2, exempt at certain
times electors on the day Of election,
members of both houses and volunteer
militia forces, from arrest, but is par
ticular in each case to expressly pro-
vide that these exemptions shall not
"pp'J W. "SicohS iSiobJ vi bIcdCu "
the peace" Article 10, section 3, pro-
vides that ''the Governor and all other
executive and judicial officers shall be
liable to impeachment; but judgment
in such cases shall not extend further
than removal from Office" The persons
convicted shall, nevertheless, be liable
to indictment, trial and punishment
according to law" 1t is obvious that
this section does not fix the time in
which an indictment may lie to after
conviction on, impeachment, but only
intends to prevent q conviction on
impeachment being plead in bar tn an
indictment and trial and punisnmonL
according TO law If this contention
we're true, then the Governor could
not alone claim this immunity, but
every other executive and judicial
officer" could claim like exemption.
Besides, If the House saw fit to refuse
to prefer charges of impeachment for
any ~offense, or the offense was one for
which impeachment would not lie,
then his excelleucy, the Governor,
would OF necessity escape all punish
mont, because the alleged prerequisite
OF conviction on impeachment could
not be shown. Thus Is shown the utter
.absurdity OF such a contention. But IL
may be urged that IL the Governor
could be arrested and put In Jail there
would be no one to exercise the func-
tions of his office and the people would
be without an executive head, Arti.
Gle a, section 8, of the Consultation
provides ON case OF temporary dis
ability .Qfe the Guyernor the Lientenant
&4TeFIfQf shall perform the duties OF