The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-04
QUESTION OF TWO OFFICES.
The Constitution is Disregarded When
It Suits the Convenience Of the
Man Of Two Offices.
The State.

The State.
Bmnettsville, Sept. 27.-Severa]
questions of more than ordinary in
terest have been recently raised in
this county touching the matter OF
an officer holding more than one Of.
nee or position at the time, and upon
close study the sitaution resolves it
self into a matter Of "confusion
worse confounded.
Some few days ago a case came on
for trial before Magistrate C. D.
Easterling and the attorney for the
defendant, 7. I. Rogers, made a mo-
ton to dismiss the summons on the
ground that the magistrate was relat-
ed to the defendant within the pro-
hibitory degree, and also on the
ground that the magistrate, &C. D.
Easterling, held two Offices. In ad-
dition to being one of the magistrat-
es at this place, Mr.. C. D. Easterling
is clerk Of the town council. The mag
istrate dismissed the summons On the
ground that he was related to the de-
fendant within the degree prohibi-
ed by law.
The plot began to tnicken when
Gov. Ansel appointed J. n. Macarthur
as special constable, for this county,
with instructions to enforce the Car
ey-Cothran dispensary law. When
Mr.. McArthur's bill for the first
month 5 services was presented to the
board Of county commissioners the
county attorney. T. I. Rogers, protest
ed against the payment of this bill On
the ground that it was an unneees-
sary expense upon the county and
that there were other and sufficient
officers in the county to enforce the
present dispensary law.
1t happens that Senator Rogers
was one Of the opponents Of the pres
ent dispensary law, and it also nap-
pens that he is the attorney for the
county, Rogers then taking the posi-
b ton that the magistrate hollis two
positions contrary to law, finds him
self in the position Of being senator
and at the same time attorney for
the county.
, Again, Mr.. Macarthur, paid by the
county to do special eonstabulary
work, took warrant against two ne
groes last week, one Of them, it is un-
derstood, being a laborer on the farm
Of member Of the board Of county
commissioners. Rogers represented
the defendant.
The members Of the board Of coun-
ty commissioners of this county are
: appointed upon the recommendation
Of the delegation in the general as
sembly. It seems, then, that Senator
Rogers is made attorney for the coun-
ty by the board of county commission
ers, who are appointed upon the rec
ommendation Of the delegation
which Senator Rogers is member,
and then the senator became the at
torney Of one accused of a violation
of the dispensary law who lives up
on tae plantation of a member Of the
board Of county commissioners, VAR
rants having been taken out by an
employe; that is, the constable Of the
county commissioners.
: However, it is hardly probable that
the question as to whether or not Mr..
Rogers has vacated his seat by ac-
lceptance of the position Of attorney
for the county will ever be taken up
for authoritative decision and the
question will doubtless remain an
open one, with many holding that the
attorneyship is not such position as
IS prohibited by the constitution, and
|others arguing the contrary. 1t is un-
.lderstood that other counties have
had like conditions existing and moth
ing was ever said or done.