The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-07-20

plans, so that the county auditor
was assigned to the office originally
planned for the probate judge. and
the probate judge was assigned to the
office originally planned for the coun-
ty auditor; that thereafter, and on
the - da yof July, 1905, the COM
mission received communication
from Frank NJ Schumpert, Esq: pro-
bate Judge, asking, in effect. that the
contemplated change be not made,
and that he be allowed to occupy the
office originally intended for him; this
communication was received as IN
formation, and the request was not
granted by the commission; that prior
to said communication, the said two
office rooms so assigned by said COM
mission, had been equipped by the
commission with furniture specially
adapted to the needs Of these respec-
tive offcehs, both in the Office rooms
and vaults or record rooms connect
ed Herewith, the latter being equipped
with steel furniture designed and
adapted, for the use and needs Of
these respective officers. -
Also the following affidavit of J.
Monroe Wicker: ''That he was a
member Of the court house commis-
sion for the erection Of a new court
house for the county Of Newberry,
and at the time, was also county su-
pervisor for Newberry county, and as
such was chairman of the board of
county commissioners for Newberry
county; that he has read the affidavit
of George S. Mower, the chairman OF
the said court house commission, and
that the matters and facts stated
therein are true of his own know
ledge.
"Deponent further swears that the
Offices, as assigned to the respective
county officers by the court house
commission, have all been occupied by
the respective officers as assigned,
with the exception of the Office as
signed by the commission, which de-
signed and constructed the said build
ing, with the tacit consent and appro-
val Of the then board of county COM
missioners, the said board entering
Or offering no suggestions or obJec-
tions whatsoever in the matter, as
they believed that the court house
commission knew more about the mat
ter than they did,"
Also the following extract from the
final. presentment of the grand jury
dated Is March, 1909:
"After a thorough examination Of
the rooms in the new court house, we
are convinced that the Office originally
intended for the auditor, is unsuitable
for occupancy by said officer, and rec
ommend that he be allowed to retain
the room, in which he is at present
located, and furthermore, that the
probate judge be required to occupy
the vacant room, on the same floor
contiguous, to and east~of room oc-
upied, at present, by said auditor, and,
that the room in the old court house
vacated by said officer, be put in such
condition by the supervisor, to to
wacrant its rental.'
Section 3, Of the act Of 1906, en-
titled, Gan act to provide for the
erection of a new court house, for
Newberry county," is as follows:
"That said commission shall have
the power and authority, to provide
for fre-proof rooms and vaults, with
modern metallic furniture, for the
safekeeping of all public books and
records Of the county, in said new
court house"
The "power and authority to pro-
vide for fire proof rooms and vaults, -
did not authorize the commission to
designate the room to be occupied,
by any particular officer.
That duty was impo: ed upon the
county board Of commissioners by
section S12 of the code Of laws,
which provides:
lit shall be the duty Of the COM
missoners, to furnish the probate
judge, auditor, school commissioner,
clerk Of court. sheriff, treasurer and
master in equity Of their respective
countless office room, together with
the necessary furniture and station
cry for:the same, which shall be kept
at the court house Of their respective
counties; and they shall also supply
the Offices Of the said officials with
fuel, lights, postage and other Incl
dentals as are necessary to the prop