Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-06-30
Wednesday, June 80, 1897.

voters may participate, and the other by
appointment. One is without compensa-
ton and the compensation of the other Is
just great enough to warrant a distinction
upon this particular point. Therefore,
it seems to follow that the constitution
would apply to any two offices of honor
or profit which are directly, or indirectly,
connected with any department of the
civil government.
Then going back to the town charter,
which is statute law based upon the con-
stitution of the state, we find in section 8.
the following peremptory provision:
"The town council shall serve without
compensation"
Further, as a part Of section Z, we find
this:
The town council shall have power to
appoint q clerk, treasurer and town
marshal and all other necessary officers
for said town, to fix their compensation,
prescribe their duties, and require bonds
for faithful performance Of their duties.
Now in this section is the only au-
thority that can be found for the creation
of an office by the town council. 1t will
be noted that after enumerating certain
officers which may be appointed, it says
that other officers may be appointed "if
necessary" Now the question is, is the
office of superintendent of waterworks
necessary? Many people say that it's
most important duty-that of collecting
rents-is now discharged, if not wholly,
then at least in part, by the chief Of
police. And, it is argued, if the chief Of
police can attend to this duty and still
have lots of time on his hands, why can
he not, under the general supervision Of
the council, attend to the other duties of
the office? In other words, why cannot
the council run the waterworks business
through the chief of police in the same
manner in which it is now running the
other finances of the town? And if the
council can do this, Is the Office Of super
intendent of waterworks necessary" as
is required by the charter? On the other
hand, assume that the Office Is necessary,
what then? 1t is an Office, If not of hon
or, then certainly of more profit than
that Of notary pu bile, and if it is an Office
of profit, can it be consttutionally filled
by member of the council already fill
ing an office of honor?
And the same reasoning might be ap-
piled to the proposed office of 'superin-
tendent of the Streets" Supervision of
the streets is one of the principal func-
tions of the town council as whole.
The town charter says they must perform
this service without compensation"
Then leaving out Of consideration the OBJ
stacle as to "two Offices" suppose they
undertake to compensate one of their
number for such services, do they not d.
rectly violate mandatory provision of
the charter? 1t is held by many that the
office of superintendent Of the streets is
no more necessary than is that of SUPER
intendent Of waterworks; but suppose
such an Office is necessary, would not,
under the provision Of the constitution
quoted in the foregoing, town officers be
Ineligible TO fill it, and could 1t be law
fully given to any man who already holds
an office?
And again, aside from the presumable
council has authority to create an office
for one member, why has it not, as War
den Parish sarcastically suggested in the
meeting the other night, authority to
create offices for all. And If 1t has the
authority tc fix salaries at 500 year, why
has 1t not authority to fix salaries at $500 ?
Then again, this matter of getting water
from the town free of rent. The charter
says that members shall serve without
compensation. The only question here
is, would the remission Of water rent be
considered as compensation?
That the intendant and wardens should
receive reasonable compensation for their
services, there is no question. No man
should be expected to work for nothing.
But, for the good of all concerned, and
especially to insure against misunder-
standings, there should be contract be-
forehand. Nothing should be done ex-
cept in strict accordance with law, for
there is no escape from the fact that con-
trary proceedings will inevitably lead to
more or less serious complications.