The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1899-01-25

tary, who was also a township com
missioner. member of the board and
Judge of probate. At this time there
was no conflict with the provisions
and restrictions of the State Consti.
tuition as it was not then framed and
adopted. This organization, howev-
er, obtained during 1896
In January, 1897, new board was
organized, and the incumbent re-
elected secretary with the same sal
ary of 5000
A few Gays after the above action
of the board, the Legislature passed
an act, approved February 4. 1897,
which raised the salary Of the secre-
tary of the County Board of Com
missioners for Sumter county from
5000 to $500 Why did not the
board increase the salary OF the Sec
retary when he was reelected :?
Obviously, because the board had
no power to change the status of an
Office created by law
To illustrate Compare the Office
of county attorney, an Office in the
gift of the board, not authorized,
with no duties and emoluments
attached by law, with the Office of
secretary of the Board of County
Commissioners, an Office, with duties
and pay attached, regulated by
statute. In one instance, the board
could BY resolution increase or de-
crease the salary at their pleasure.
In the other, the mandatory terms of
the law debare them from making any
changes.
The pay attached to this Office has
been regulated for the past 20 years
by the Legislature Would it not
very seriously reflect on the past
fiscal agents of the county to say
now that it is not and never hae been
an Office, created by statutes, but
only position" in the gift of the
board, for which about $4,000 has
been paid in that time-about $500
per annum-when the last Legisls-
ture IN the new law to establish a
system of county government fixes
in most peremptory manner the pay
at $3.50 per annum. in items as fol-
lows, viz:
"The supervisor shall be the chair.
man of the board so to be constitut-
ee, and said board at the first meet
ing for organization may elect a
clerk, except in Abbeville, where
the board shall have no CLERK. who
shall receive such salary as shall be
fixed by said board at their first
meeting, the sum not to exceed 5000
per anrIm, except in the counties of
Spartanburg, Richland and Charles.
ton where .ae salary shall not exceed
$500, and in the county of Sumter,
where his salary shall be $3.50"
1t would be well for the board TO
vote on this resolution, Mr.. Chair
man, for the benefit of their success
ors under the new law, in order to
enable them to apply to the Legisla
ture for the optional privilege to pay
as some of the other counties have,
sum not to exceed $200-rather
than the arbitrary terms of the act,
now in force.
In conclusion, Mr.. Chairman, lay
down this proposition That the
| secretary Of the Board of County
Commissioners, being also the duly
commissioned judge of probate for
the county, "bolds two Offices Of
honor and profit at the same time, -
IL violation of Art. IL, Sec. 2, of the
State Constitution
| am not 30 rash as to attempt to
refute the legal opinion filed with
| the committee. But to extend the
| reasoning as based therein on Art.
I'LL, Sec. "a, of the constitution,
| which relates TO the qualification OF
members of the general assembly.
aud has NO bearing on the PROPOSE
ton before you, and no connection
with Art IL, Sec. 21,-it would
seem that any county officer, the
clerk of court, the. sheriff, or any
other, could hold two Offices of hon
or and profit a. the same time, and only
be debarred from seat in the Legis
lature. B. J. Brownfeld>