The people's journal. (Pickens, S.C.) 1891-1903, 1896-08-13
THE GOVERNOR LIABLE TO ARREST.
HE Is NOT ABOVE THE LAW
"A Strong and Cogent Opinion From
the City Attorney of FLORENCE
The Council Sustains Him ana

MIR. George G. Thompson, the city
attorney OF Florence, has addressed
the following letter to the,City Council,
In view OF tho recent action OF Gov
ernor Evans in defying arrest for
breach Of the peace:
"FLORENCE, S. c., July 81, 1896.
no tho City Council:
On last Friday, }. Gary Evans, who
holds the official position Of Governor
of the State Of South Carolina, and
Joseph II. Earle, q 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 largo number of citizens,
each endcavoring according to his own
methods. to secure the votes of the
people of this county. During the pro-
gross of this meeting these two politi-
cal contestants became engaged in
personal combat. Hundreds of mon
wcro present: some drew pistols, others
made ready for their use, excitement
ran high. One stray shot by any ex-
cited spectator would in all probability
have precipitated riot and many lives
might have been sacrificed The
peace of the city was jeopardized and
it's laws violated.
| was communicated with by the
mayor and advised him that these
parties could and should be arrested
without regard to thoir official posi-
tiOns. Warrants were accordingly
issued, charging them with lighting
and breach of the peace. Joseph H.
Earle rendered ready obedience, but J.
Gary Evans resisted and detied the law.
He told the chief Of police 70 take the
warrant back to the mayor with the
contempt it deserves and that he
considered it an insult" He informol
the mayor that he could not be ar
restcd 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 elect. We are left to
con lecture as to precisely what j. Gary
Evans meant by "taking charge of the
town." AS interpreted at the time by
several Of his constables (who were
with him at the time Of the attempted
| arrcst) 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
authorities apologizcd for the at
tempted atfront to his cxccllcncy"
| mover advised that the Governor
could be arrested, but then advised
and still reiteratc that J. Gary Evans
could and should have been arrested
and that without regard to his official
position and Without regard to cOnse-
quences, even if it required overy man
in the city to accomplish it, and even
If it entaled 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 a position, in the expressive Ian
guags of The News and Courier, is
"sip4ply 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 a
diseased imagination as approXimates
the condition our friends, the doctors.
would call "dcmentia 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 it is a
creation OF the constitution. 1t could
arise from the common law on the
theory Of "kingly prcrogative," in
hcritcd from the sOvcrcigns Of England
and it seems that our Governor rests
his case on this theory, for hc inform
ed the mayor that he could no more be
arrested than the "king (sovercign) Of
EnSland," or words to that effect, for
getting at the moment Of this ridicu-
Ions assumption of "kingly preroga-
tive" that the doctrine Of The liking
can do no wrong" has no place among
republican simplicity: that in q
%l.o 4
person Of the king, but in a republic
this sovereignty abides in the pcopl,
The constitution which creates his
Office give him no comfort in this re-
markable assumption. Article 2, sec.
, tion ii, article 3, section II, and arti.
Gle l3, section 2, exempt at certain
times electors on tho 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
the peace" Article Is, section 3, pro.
vidcs that "thc 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, ncvorth elcss, be liable
to 'indictment, trial and punishment
according to law" 1t is obvious that
=. this section does not fix tho time in
which an Indictment may lie to after
conviction On impeachment, but only
intends to prevent a conviction on
impeachment being plead in bar to an
. "indictmcnt and trial and punishment
according to law" II this contention
were true, then the Governor could
not alone claim this immunity, but
every other "executivc and judicial
officer" could claim like exemption.
Besides, if the House saw fit to refuse
to prefer charges Of impeachment for
any Olfense, or the otfense was one for
which impeachment would not lie,
then his excellcncy, the Governor
would of necessity escape all punish
mcnt, because tho alleged prerequisite
of conviction on impeachment could
not be shown. Thus is shown the utter
absurdity of such q contention. But it
may be urged that if 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 4, section 8, Of the constitution
provides "In case Of temporary dis