The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1896-08-12
THE GOVERNOR REVIEWED.
HIS DEFIANCE OF LAW D!SCU5SEG OY
ACTY ATTORNEY.

yyt.n Violates the Law-The Governor
Not Entitled to Klngly PerogatNes.
FLORENCE, August City Attor-
ney George G. Thompson last week
addressed the following letter to the
city council, in view of the recent ac-
ton of Governor Evans in defylng
arrest for breach of the peace here:
FLORENCE, s. c., July 81, 1896.
To the City Council:
On last Friday. j. Cary Evans, who
holds the official position of governor,
of the State of South Carolina, and
Joseph Fl. Earle, q Judge OF the cir
cult court of this State, each 10 his
personal and private capacity, and eN-
ercising the right held by every cltI-
zen of this State, was addressing IN
public with this city, large number
of citizens, each endeavorlng IN ac-
cordine to his methods. to secure the
votes Of the people of this county.
During the progress OF this meeting
these two political contestants became
engaged in personal combat. Hun
dreds of men were present; some drew
pistols. others made ready for their
use. excitement ran high. One stray
shot by any excited spectator would
in all probability have preclpltated
riot and many lives migni have been
sacrificed. The peace of the city was
ieopardized and its laws violated.
III was communicated with by the
mayor and advised him that these par
ties could and should be arrested with,
out regard to their official positions.
Warrants were accordingly issued
charging them with fighting and
breach Of the peace. Joseph q. Earle
rendered ready obedience, but J. Gary
Evans resisted and dehed the law. he
told the chief Of police to take the
warrant back to the mayor with the
contempt it deserves" and that ne
s'considered it an insult" He inform
ed the mayor that he could not be 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 LETT
to conjecture as to precisely what }.
Gary Evans meant by taking. charge
of the town" As interpreted at the
: time by several of his ccnstables, who
were with him at the time Of the at
tempted arrest, it was an unworthy
and unlawful threat to resort to the
metropolitan police. J. Gary Evans
was not arrested. He left the city and
has since boasted through b the press
that the town authorities apologlzed
for the attempted affront to Ibis eX-
csllency."
Inever advised that the governor
could be arrested, but then advised,
and still reiterate that J. Gary Evans
could and should have been arrested,
and that without regard to mis- official
position and without regard to conse-
quences, even if it required every man
in the city to accomplish it, and even
if it entailed penalty OF metropolitan
police.
In his novel position, that he is
above the law, sound from point or
law or reason? From the standpoint
of reason such a position, in the ex-
pressve language of The News and
Courier is simply monstrous," and
coming from the person claiming the
exemption, can only be accounted for
on the theory of total ignorance Of
the first principles of republican gov
ernment, or such a diseased amaglna..
ton as approximates the condition OF
our friends, the doctors would call de
mentia of egotism."
Such an exemption could only arise
under the 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 1t
is a creation of the constitution. 1t
could arise from the common law on
the theory Of ''kingly prerogatiyes, :"
inherited from the soverelgns OF Eng
land, and it seems that our governor
rests his case on this theory, for he IN
formed the mayor that he could no
more be arrested than the ''king (sov-
ereign) of England, or words to that
effect, forgetting at the moment OF
this ridiculous assumption Of "klngl ~
prerogative," that the doctrine OF the
king can do no wrong" has no place
amone republican simplicity; that 8
monarch the sovereignty resides IN
the person Of the king, but IN repuD'
lie this sovereignty abides ID the peo-
pie. ;.
The constitution which creates his
Office gives him no comfort IN this re.
markable assumption. Article 2, sec
ton Il, article 8, section IA, and ar!l-
Gle Is, 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
apply to treason, felony or breach
Of the pesce.'' Article Is, section 3,
provides that ''the governor and al
other executive and judicial officer
shall be liable to impeachment; but
Judgment in such cases shall not ex'
tend further than removal from Office.
The persons convicted shall, never.
theless, be liable to Indictment, trial
and punishment according to law.
It is obvious that this section does not
fix the time in which an Indictment
may lie to after conviction on I'M
peachment, but only intends to pre-,
vent 3 conviction on Impeachment
being plead in bar to an indictment,
trial and punishment according tc
law" # this contention were true,
then the governor could not alone
claim this immunity, but every othe,
executive and Judicial officer" coulc
claim like exemption. Besides, II the
house saw fs to refuse to prefer
charges of impeachment for any OF
fanse, or the oHense was one for Whlct
impeachment would not lie, then n:
excanency, the governor, would Of
necessity escape all punishment, be
oe,,ea tho @ o1lo-,a5 ,,ro-rer1,ieite of con